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What is a debtor in possession?

debtor possession
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What is a debtor in possession?

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The official title of the debtor after having filed a chapter 11 proceeding. The debtor in possession enjoys important powers and protections but is also burdened by significant duties and benefits.

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When a company or an individual files chapter 11, that fact creates an “estate” made up of all the assets of the debtor. The debtor does not, however, turn over to anyone else the management of his/her/its affairs. Rather, the debtor is given most of the powers of a trustee to administer the estate, and is given a new title: “Debtor in Possession.” Thus, the debtor maintains possession of his/her/its assets and continues to conduct business as before filing.

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