After the bankruptcy petition is filed and the court enters an order of relief, a creditors' committee will be formed from the debtor's unsecured creditors. Typically, the initial creditors' committee will work with the debtor and the court trustee to formulate the reorganization plan. In a larger Chapter 11 proceeding, there will typically be more than one creditors' committee because different creditors will have differing interests.
After the order for relief, the debtor has 120 days to formulate and file a plan of reorganization with the bankruptcy court. If the debtor fails to submit a plan during the 120 day period, or if creditors fail to consent to the debtor's plan during the first 180 days, any of the creditors can submit a plan. The court is sometimes faced with conflicting plans.
A plan of reorganization must designate classes and interests under the plan and what these classes of creditors will receive under the plan. For example, secured creditors might be one class, unsecured trade creditors a second, and employees a third. The plan must be fair and equitable and must provide an adequate means for its own execution. Generally, all identified classes must accept the plan of reorganization by a majority vote, which also comprises at least two thirds of the total claims within each class. Finally, the bankruptcy court must approve the proposed reorganization plan after determining that it is in the best interests of the creditors.
Although each class of creditors must normally approve the reorganization plan by majority vote, the bankruptcy court can still approve a plan over the objections of one or more classes of creditors. This power is called the "cram down" power.