Best-interests-of-creditors test

(redirected from Best Interests of Creditors Test)

Best-interests-of-creditors test

The requirement that a claim holder voting against a plan of reorganization must receive at least as much as if the debtor were liquidated.

Best-Interests-of-Creditors Test

In Chapter 13 bankruptcy, a requirement that unsecured creditors receive at least as much as they would have in Chapter 7 bankruptcy. Chapter 7 bankruptcy is complete liquidation of assets while Chapter 13 bankruptcy allows the bankrupt person or business to continue operations so long as they submit a plan to repay debts over three to five years. It is usually used by persons or sole proprietorships with a heavy debt load but still significant income. The best-interest-of-creditors test exists to ensure that the person or business filing Chapter 13 is not simply trying evade liquidation or to escape repaying necessary debts. See also: Best Efforts Test.
References in periodicals archive ?
Under chapter 11, the best interests of creditors test is designed to measure whether creditors will receive under a plan at least as much as would be received in a liquidation under chapter 7 of the Code.