Saturday, 14 April 2018

How To File A Chapter 11 Oakland CA

By Jose Patterson


There are three main types of bankruptcy. These are chapters 7, 11 and 13. Chapter 11 Oakland residents should know is meant for businesses and corporate entities. If you own a business that has a lot of bad debt, you can get debt forgiveness through this bankruptcy option. However, you should hire a competent bankruptcy lawyer to help you out with the case to ensure that everything goes as planned.

Any business can find itself in a situation where their income is not enough to cover overheads and service debts. The end result is the mushrooming of bad debt as creditors apply penalties and other fees as well as higher rates of interest. With time, the firm will find itself unable to pay off the outstanding debts. In such as case, bankruptcy may be the only option for the firm.

Chapter 11 provides for business debt restructuring or reorganization. It simply makes it easier for the business to repay a large portion of their outstanding debts through regular monthly installments over a period of several years. Since the payments are affordable, the business can easily get a large fraction of their debts forgiven by the courts.

It is important to note that with this type of bankruptcy, the business can continue to offer goods and services since no assets will be liquidated. However, the trustee will become the new manager of the business, and every important decision must go through them. Furthermore, no business assets can be disposed of. Similarly, no major assets can be acquired by the business.

It is important to note that bankruptcy can be a huge setback for any business. While it can give you debt forgiveness, it will also deny you access to affordable loans. Your business may also not be able to get goods on credit. Furthermore, most lenders will quote exorbitant rates on any loans they offer to the business.

When looking for a suitable bankruptcy lawyer to hire, there are several key factors that must be considered. This is because there are many lawyers in the industry and they all claim to be the best. Start by comparing the amount of experience that the top-ranked lawyers have and give priority consideration to the most experienced attorneys as far as bankruptcy cases go.

After filing the necessary paperwork in court, the management of the business seeking bankruptcy protections will be asked to draft a repayment plan based on their average monthly income. The plan will be presented to creditors in a meeting of creditors organized by the trustee. If approved by the court, the firm will enjoy all the protections that come with bankruptcy.

A business can become bankrupt involuntarily or voluntarily. For instance, if the management rushes to court to ask for protection from their creditors, this would be considered as voluntary bankruptcy. In the case of involuntary bankruptcy, it is the creditors who go to court to get a legal solution for their debt problem. Whatever the case, the law must be followed to the letter by all the parties involved.




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