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Simple English definitions for legal terms

debtor in possession

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A quick definition of debtor in possession:

A debtor in possession is a person or company that has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. They have assets that can be used to pay back the people they owe money to. The debtor in possession can keep using their assets to do business, but they have to do it for the benefit of their creditors. They have to follow rules set by the court and keep good records. They have a limited time to come up with a plan to pay back their debts. If the plan is approved by the court and they follow it, their debts will be forgiven.

A more thorough explanation:

A debtor in possession (DIP) is a person or company that has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. This person or company holds property or assets that can be used to pay off their debts to creditors. The debtor in possession can continue to operate their business using these assets, but they are doing so on behalf of their creditors. They essentially work as a trustee.

For example, if a company files for bankruptcy but still has inventory and equipment, they can continue to use those assets to keep their business running. However, they must keep detailed records and seek court approval for any actions that fall outside of regular business activities.

The debtor in possession has an exclusivity period of 120 days from the bankruptcy filing date to propose a reconstruction plan. During this time, they negotiate with their creditors and security holders for a plan to pay off their debts. If the plan is confirmed by the court and the debtor follows it for 3 to 5 years, their debts will be discharged.

It's important to note that the debtor in possession's activities are monitored by a committee of unsecured creditors. If the committee loses confidence in the debtor's asset management, they can ask the court to appoint a trustee.

debtor and creditor | decarceration

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KnowledgeableRitzyWasp
18:47
@TruthTheX: praying for your gulc uprising
19:15
Ty me too 🙏
19:15
@Silver: if you want to practice in IL then there’s likely no better school than the in state schools
@SpectacularDefiantMouse: yeah, like condemnedpuffygnome, I'm not really preparing for law school by taking some courses or anything like that. The only way I'm going to be preparing is by getting myself into a rhythm schedule-wise, well enough in advance of the first day of classes, that I think will be necessary for me to do well 1L.
I'm very much not in rhythm now. lol. But I've 3-ish months.
19:55
@Silver: Cost of attendance is what matters. $37K in-state tuition = $47K sticker price with a $10K scholarship elsewhere, $70K sticker with a $40K scholarship is better than either, $40K sticker with a $0 scholarship worse than both.
19:55
(Assuming placement etc. is comparable)
Congrats on Harvard, jb2028. Any reason you applied to A&M but not Texas at Austin? Seems odd.
19:58
@BankruptcyAndRestructuringLawIsCool: Family connection, they gave me a CAS waiver so it was free
Question for the chat about judicial internships (not externships). My understanding is that judicial internships (as opposed to externships) during the summer are unpaid. How, then, do people who get them pay living expenses during the summer? Do they just make loans stretch for 12 months when they're only meant for 9? I heard that some people supplement the internship with, e.g., a research assistant position with a law professor. But would such a person both do the internship and the RA position at the same time? And if so, is that too much work or feasible?
I don't know what the workload is really like for judicial internships and RA positions.
Also curious what other things people might do to supplement an unpaid judicial internship over the summer with something paid.
20:20
@BankruptcyAndRestructuringLawIsCool: Many schools will provide some type of stipend for unpaid summer roles with a public interest employer (defined broadly, often includes any gov or judicial job)
Right, I thought so. At BU, though, it appears that what's called BU's public interest project grant is not available to supplement judicial internships. And I think its public service summer funding is also limited. Oh well.
21:13
@BankruptcyAndRestructuringLawIsCool: FWIW they allude to some type of funding ("BU Law has implemented separate funding sources for judicial interns") in this packet https://www.bu.edu/law/files/2023/11/Public-Service-Summer-Funding-Applicant-Packet-2024.pdf
21:13
Although they don't give details, and as you note they don't guarantee funding to everyone (which is in line with other $ they offer, e.g. the LRAP)
21:14
Anyone know how hard it is to do pro bono work as a 1L for judges or fed gov in general in the D.C. market
21:14
Idk much about pro bono opportunities period but thinking I wanna try to get some work experience as soon as humanly possible
21:14
When I begin law school I mean
21:15
Lines up with BU's limited endowment: $81K per student a few years ago, i.e., enough to support a payout of about $3,250 per student per year at a 4% payout rate https://leiterlawschool.typepad.com/leiter/2022/05/per-student-value-of-law-school-endowments-2021.html
21:17
Seems like they're trying to compete with other schools on program headlines (we fund X, Y, and Z and we have an LRAP) but the endowment can't really support that, so they have all these programs but don't guarantee funding. Would not rely on that if you have alternatives.
Thanks for those links. I'll give the public service summer funding information packet, in particular, a careful read. But yeah, your takeaway seems right.
KnowledgeableRitzyWasp
22:33
i could really use some fried chicken right now
KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
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