Debtor in Possession - Explained
What is a Debtor in Possession?
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What is a Debtor in Possession?
In the United States, the Corporate Bankruptcy law contains a provision for a debtor in possession (DIP). This provision is contained in Chapter 11 of the bankruptcy law. A debtor in possession refers to the debtor in a business bankruptcy. A company or an individual that has filed the Chapter 11 Bankruptcy protection is allowed to hold and control the property to which a creditor has a legal claim. Under this protection, the company can continue doing business with the assets.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
What are the limits on a Debtor in Possession?
A company or individual with the status of debtor in Possession (DIP) has certain obligations.
- A DIP must perform actions having the interest of the creditor at heart.
- It must act in the best interest of its employees.
- The DIP is obligated to keep precise financial records and file appropriate tax returns when necessary.
- No debt owed prior to the filing for a Chapter 11 bankruptcy can be paid by a DIP unless permitted by the court.
- The assets cannot be used as collateral for a business loan.
- The DIP must seek approval from the court before employing or paying its employees and professionals.
There are few other obligations as rolled out by the court. Failure to meet the obligations or follow court orders will cause the DIP status to be retrieved or terminated.
- Bankruptcy Law (Intro)
- What is Bankruptcy?
- Insolvency - Definition
- What are the types of business bankruptcy?
- Chapter 9 Bankruptcy
- Chapter 12 Bankruptcy
- Chapter 15 Bankruptcy
- Who are the participants in the bankruptcy process?
- Key concepts behind the bankruptcy process?
- Absolute Priority Rule
- Pari Passu
- What rules govern the bankruptcy process?
- Bankruptcy Abuse Prevention and Consumer Protection Act
- American Bankruptcy Institute Definition
- What the authority of the bankruptcy court?
- What is the authority of the trustee (debtor in possession) in bankruptcy?
- Debtor in Possession
- What assets of the debtor are included in the bankruptcy estate?
- Bulk Sales Law
- What is the automatic stay in bankruptcy?
- What is a claim by creditors of the bankruptcy estate?
- What is voluntary and involuntary bankruptcy?
- What is the Chapter 7 bankruptcy process?
- What is the Chapter 11 bankruptcy process?
- How to File Bankruptcy for a Business
- Accept or reject contracts?
- Avoiding powers?
- Stay of Proceeding?
- Use of Business Assets?
- Post-Petition Financing?
- Bankruptcy Financing - Definition
- What is the appointment of a Trustee or Examiner in business bankruptcies?
- What is a Plan of Reorganization?
- Reorganization - Definition
- Subordinated Debt
- Preferred Debt
- What is Cramdown of a reorganization plan?
- To what extent does the bankruptcy process relieve a debtor's debts?