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Chapter 11 Plan Exclusivity under the Revised Code

The filing of a case under Chapter 11 of the Bankruptcy Code bestows certain "inalienable" rights upon a debtor. In addition to the hallmarks of a bankruptcy case, such as the automatic stay's "breathing space" and the "fresh start" of a discharge, debtors have traditionally enjoyed rather protracted periods of "plan exclusivity." Plan exclusivity, as it is commonly referred, is that period in a Chapter 11 case in which the debtor has the "exclusive" right to file a plan of reorganization. With the passage of the amendment to Bankruptcy Code section 1121, Congress has encroached upon this particular "inalienable" right.

18 minute read May 24, 2005 at 09:47 AM
By
Laurie Selber Silverstein and Theresa V. Brown-Edwards
Chapter 11 Plan Exclusivity under the Revised Code

The filing of a case under Chapter 11 of the Bankruptcy Code bestows certain “inalienable” rights upon a debtor.

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