Legal Dictionary

Debtor in Possession

A debtor in possession refers to a person or entity that continues to operate and manage their business or affairs while under bankruptcy protection. This term is commonly used in the context of Chapter 11 bankruptcy proceedings in the United States.

Frequently Asked Questions

What are the responsibilities of a debtor in possession?

The responsibilities of a debtor in possession include managing the day-to-day operations of their business, making important business decisions, and developing a reorganization plan to repay creditors. Additionally, they must comply with reporting requirements and seek court approval for certain actions that may impact the bankruptcy estate.

Can a debtor in possession be replaced or removed?

Yes, under certain circumstances, a debtor in possession can be replaced or removed. This typically occurs if the court finds that the debtor in possession has engaged in fraudulent or dishonest conduct, mismanagement of the bankruptcy estate, or if there is a lack of confidence in their ability to effectively administer the bankruptcy proceedings. The court may appoint a trustee to take over the debtor's responsibilities in such cases.
The 2023 Legal Trends Report

The 2023 Legal Trends Report

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