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-   -   Fountain files chapter 11 bankruptcy (https://www.offshoreonly.com/forums/fountain/215575-fountain-files-chapter-11-bankruptcy.html)

SDFever 09-04-2009 01:16 AM

I sure wish them the best! Most people don't know much about 11 as it typically does not pertain to individuals. Although sometimes individuals do file 11, it's not very common.

Chapter 11 bankruptcy is a form of bankruptcy reorganization available to individuals, corporations and partnerships. It has no limits on the amount of debt, as Chapter 13 does. It is the usual choice for large businesses seeking to restructure their debt.

The debtor usually remains in possession of its assets, and operates the business under the supervision of the court and for the benefit of creditors. The debtor in possession is a fiduciary for the creditors. If the debtor's management is ineffective or less than honest, a trustee may be appointed. A creditors committee is usually appointed by the U.S.Trustee from among the 20 largest, unsecured creditors who are not insiders. The committee represents all of the creditors in providing oversight for the debtor's operations and a body with whom the debtor can negotiate an acceptable plan of reorganization.

A Chapter 11 plan is confirmed only upon the affirmative votes of the creditors, who are divided by the plan into classes based on the characteristics of their claims, and whose votes are a function of the amount of their claim against the debtor.

If the debtor can't get the votes to confirm a plan, the debtor can attempt to "cram down" a plan on creditors and get the plan confirmed despite creditor opposition, by meeting certain statutory tests.

Chapter 11 is probably the most flexible of all the chapters, and as such, it is the hardest to generalize about. Its flexibility makes it generally more expensive to the debtor. The rate of successful Chapter 11 reorganizations is depressingly low, sometimes estimated at 10% or less.

Individuals usually reorganize under Chapter 13, which offers a streamlined plan at modest cost that allows the individual to keep possession of his assets, catch up on secured debt, and discharge unsecured debt at the end of the plan.

Love him or hate him. All of us will suffer to some degree if Fountain goes away. I sure hope he pulls through!!!!

LAKESIDE RESTORATIONS 09-04-2009 06:53 AM


Originally Posted by SDFever (Post 2946273)
I sure wish them the best! Most people don't know much about 11 as it typically does not pertain to individuals. Although sometimes individuals do file 11, it's not very common.

Chapter 11 bankruptcy is a form of bankruptcy reorganization available to individuals, corporations and partnerships. It has no limits on the amount of debt, as Chapter 13 does. It is the usual choice for large businesses seeking to restructure their debt.

The debtor usually remains in possession of its assets, and operates the business under the supervision of the court and for the benefit of creditors. The debtor in possession is a fiduciary for the creditors. If the debtor's management is ineffective or less than honest, a trustee may be appointed. A creditors committee is usually appointed by the U.S.Trustee from among the 20 largest, unsecured creditors who are not insiders. The committee represents all of the creditors in providing oversight for the debtor's operations and a body with whom the debtor can negotiate an acceptable plan of reorganization.

A Chapter 11 plan is confirmed only upon the affirmative votes of the creditors, who are divided by the plan into classes based on the characteristics of their claims, and whose votes are a function of the amount of their claim against the debtor.

If the debtor can't get the votes to confirm a plan, the debtor can attempt to "cram down" a plan on creditors and get the plan confirmed despite creditor opposition, by meeting certain statutory tests.

Chapter 11 is probably the most flexible of all the chapters, and as such, it is the hardest to generalize about. Its flexibility makes it generally more expensive to the debtor. The rate of successful Chapter 11 reorganizations is depressingly low, sometimes estimated at 10% or less.

Individuals usually reorganize under Chapter 13, which offers a streamlined plan at modest cost that allows the individual to keep possession of his assets, catch up on secured debt, and discharge unsecured debt at the end of the plan.

Love him or hate him. All of us will suffer to some degree if Fountain goes away. I sure hope he pulls through!!!!

You are correct... ;) J

fountain1fan 09-04-2009 05:07 PM

yes we will . you know all the **** talkers that talk down about him and put his boats down .. i have YET to see them WRITE THE CHECKS to sposner a race , or help boat racing not a damn one has sposned a race , or done what he has for the last 20 years . robbie

cig92 09-04-2009 09:11 PM

what in the world does that have to do with capter 11??? by the way, wasn't fountain owned by brunswick? that answers your comment about sponsership, a little more money to play with than most others.

fountain1fan 09-04-2009 11:11 PM


Originally Posted by cig92 (Post 2946748)
what in the world does that have to do with capter 11??? by the way, wasn't fountain owned by brunswick? that answers your comment about sponsership, a little more money to play with than most others.

it's a fountain thing you woul;d not understand .thinking out loud / robbie

Hydrocruiser 09-05-2009 09:01 PM

Reggie is also a lawyer..he knows what he is doing...best wishes!

carney 09-06-2009 05:31 PM

I myself do not care what other people say or think about the Regg. He still builds the Best boat you have ever put your a$$ in. And he did not get there being a dumb A$$. There is no other boat bilder that has the talent and the no how like fountain. Keep the faith.

Throttle Fever 09-06-2009 06:38 PM

I agree
 

Originally Posted by carney (Post 2947395)
I myself do not care what other people say or think about the Regg. He still builds the Best boat you have ever put your a$$ in. And he did not get there being a dumb A$$. There is no other boat bilder that has the talent and the no how like fountain. Keep the faith.

I am with Carney

phragle 09-06-2009 06:57 PM


Originally Posted by Hydrocruiser (Post 2947153)
Reggie is also a lawyer..he knows what he is doing...best wishes!

That would explain his distorted portrayal of reality, and attempted munipulation of the same...


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