If you are wondering if the CEO will magically disappear....
The Two Major Types of Bankruptcy
Chapter 7
The U.S.
Securities and Exchange Commission states that under
Chapter 7 of U.S. Bankruptcy Code "the company stops all operations and goes completely out of business. A trustee is appointed to
liquidate (sell) the company's assets, and the money is used to pay off debt."
Chapter 11
This proceeding of the U.S. Bankruptcy Code involves not a closure, but a reorganization of the debtor's business affairs and assets. The company undergoing
Chapter 11 expects to return to normal business operations and sound
financial health in the future; this type of bankruptcy is generally filed by corporations that need time to
restructure debt that has become unmanageable. Chapter 11 gives the company a fresh start, dependent on its fulfillment of obligations under the reorganization plan. A Chapter 11 reorganization is the most complex and, generally, the most expensive of all bankruptcy proceedings. It is therefore undertaken only after the company has carefully analyzed and considered all alternatives.
Public companies tend to try to file under Chapter 11 rather than Chapter 7 because it allows them to still run their businesses and control the bankruptcy process. Rather than simply turning over its assets to a trustee, a company undergoing Chapter 11 has the opportunity to retool its financial framework and be profitable again. If the process fails, all assets are
liquidated and stakeholders are paid off according to absolute priority.
Keep in mind that Chapter 11 isn't a get-out-of-jail-free card.
When a company files for Chapter 11, it is assigned a committee that represents the interests of creditors and stockholders. This committee works with the company to develop a plan to reorganize the company and to get it out of debt, reshaping it into a profitable entity. Shareholders may be given a vote on the plan, but as their priority is second to all creditors, this is never guaranteed. If no suitable reorganization plan can be prepared by the committee and confirmed by the courts, shareholders may not be able to stop their company's assets from being sold off to pay creditors.