Friday 23 February 2018

Filing A Chapter 11 Oakland CA

By Donald Russell


Bankruptcy is a debt resolution option of last resort. Ideally, debtors should consider refinancing or consolidating their debts before they choose to have the court declare them bankrupt. If you have decided to go on with this option, however, you should hire a competent lawyer to help you file a chapter 11 Oakland, CA.

This option can be looked at as debt restructuring for corporate debtors. It allows the debtor to make convenient monthly payments for several years to get debt forgiveness. The monthly payments are usually small, and based on what the debtor can afford. This means that a huge chunk of their debt will be written off at the end of the process. This can give any organization a new lease of life.

It can be difficult to expand a business, hire new staff or dispose of business assets when the firm is bankrupt. This is because it is the duty of the trustee to ensure that no asset is lost. The trustee is also required to ensure that business expenses do not increase.

If the business or bankrupt organization fails to honor the terms and conditions of chapter 11 bankruptcy, the trustee will start liquidating all the assets belonging to the business. This will effectively force the debtor to close shop. That is why it is important for business owners to work with the trustee to ensure this does not happen.

Creditors always have the option of approaching the court to declare their debtors bankrupt under chapter 7 to have their assets auctioned off to recover their debt. This is usually known as involuntary bankruptcy. In the case of voluntary bankruptcy, the debtor runs to the court to seek legal protections when they are unable to service their debts.

Hiring a reputable lawyer to advice and represent you during the bankruptcy proceedings is a good idea. This is due to the fact that there are many legal jargon that you may not understand. You also want to know about all the legal consequences of becoming bankrupt. For this reason, you should hire a suitable lawyer to help you deal with the trustee.

When a business becomes bankrupt, suppliers will refuse to supply goods on credit. After all, the business has a history of not settling invoices or paying their debt. Lenders will also cancel all lines of credit available to the business. It will also become difficult for the business to get any new business as everybody will know that the company is bankrupt and unable to meet its commitments.

There are some businesses that may not qualify for chapter 11. For instance, businesses that are making losses time and again cannot qualify. If your business has been making losses over the last couple of months, and there is no hope of turning it around, the court may be inclined to have it liquidated as opposed to restructuring its debt. After all, there is insufficient income to service the restructured debt. Chapter 7 proceedings will be initiated to recover the debt by auctioning property belonging to the debtor.




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