Sunday 29 April 2018

Tips For Filing A Chapter 11 Oakland

By Kimberly Walker


If you own a business that is experiencing financial problems that have made it impossible for you to service your business debts, you can file for bankruptcy. A chapter 11 Oakland residents should know, is a type of bankruptcy that was designed specifically for businesses and legal entities that are unable to service their debts. You can file for bankruptcy under this provision to get rid of your business debt.

Before filing for bankruptcy, you should hire a competent bankruptcy lawyer to offer professional advise. After all, it is only reasonable to consult a legal expert when seeking a legal solution for your debt problem. The ideal lawyer should have a lot of experience handling bankruptcy cases. They must also have a great reputation.

This bankruptcy chapter is meant for businesses only. It provides for reorganization or debt. Individual consumers cannot use this option, as they can only qualify for bankruptcy under chapters 7 and 13. Be sure to work with a reputable lawyer when seeking bankruptcy protections.

There are a number of disadvantages of filing for bankruptcy. The biggest one, however, is that your business will be blacklisted, so you will not be able to get commercial loans from mainstream lenders. Suppliers will also refuse to supply goods and services on credit due to your track record of refusing to pay. Be sure to keep this in mind when filing for bankruptcy.

With this type of bankruptcy, the legal entity must prove that there is sufficient regular income to at least pay part of the outstanding debt. If there is no income, or the income is unreliable or insufficient, a chapter 7 liquidation of the business will be ordered instead of debt reorganization. A trustee will be appointed to check whether or not the applicant has met all the minimum requirements.

An important point to note about bankruptcy is that it will appear on the credit report of your business for several years. This will make it difficult for you to access affordable loans. You will also not be able to get goods on credit as suppliers will not trust you to pay on time. The good news is that you will be able to keep the doors of your business open as you settle your debt.

When your business has become bankrupt, a trustee will be appointed to take over the management of your business. Some employees will have to be let go. Every key business decision will also have to be approved by the trustee. Please note that you will not be able to sell any core business asset or borrow more money once your business has been declared bankrupt.

Business owners are often required to draft a repayment plan for their business debt when filing for this bankruptcy option. The plan must take into consideration the average income of the business, and must span the entire bankruptcy period. By paying these installments without fail, business owners can be assured of getting debt forgiveness after the bankruptcy period.




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