Monday, 13 May 2019

All About Chapter 11 Bankruptcy Monterey

By David Cole


Whenever you find yourself in a difficult financial situation where you are unable to pay your debts, you should always consider bankruptcy. While this should not be the option of first resort, it should always be on the table. There are many types of bankruptcies that you can consider. By consulting a competent lawyer, you will get the information you need to help you make an informed decision. Before filing for chapter 11 bankruptcy Monterey residents need to understand all the pros and cons.

When you want to get legal protections for your business against creditors, you should consider filing for chapter 11. While a chapter 7 may work, the former will make it possible for you to keep your doors open as you continue to service your debts. Once declared bankrupt, a trustee will take over the day to day running of the business to ensure all its assets are preserved and debt account is not inflated.

The beauty of becoming bankrupt under this option is debt forgiveness without loss of assets. After all, no liquidation will be done. Since you want to get rid of your debts as you continue running the business, you should give chapter 11 strong consideration. If you default on the repayment plan, however, liquidation of assets will be done under chapter 7.

The first thing that business owners must prove before their firm can be declared bankrupt is show proof of income. The firm must be able to generate enough income to cover its overhead costs and pay a small amount of money every month towards payment of debts. These documents must be filed together with the application form. If everything is in order, the firm will be declared bankrupt and start enjoying all the benefits.

When you have your business declared bankrupt by the court. Creditors will be stopped from ever getting in touch with you. They can only communicate to you through the trustee. Secondly, the debts you owe to your creditors will be written off after a couple of years. This means that you will have a great chance to start life afresh and free of debts.

The ideal lawyer should have a long history of representing clients in bankruptcy proceedings. They should also have a great track record and personality. Before making a decision, therefore, be sure to compare experiences, reputation and track records. This will help to ensure you make a well-informed decision.

Obviously, you want affordable legal services when searching for a competent lawyer to advise and guide you during the proceedings. Therefore, you have to ask all the lawyers on your list to give you their quotes. Once you have the quotes, compare them to identify the most affordable attorney.

Once a business has been declared bankrupt, there are several things that can be expected. For starters, lenders will refuse to offer affordable credit to the business. Secondly, suppliers will refuse to offer goods and services on credit. Thirdly, the reputation of the firm will take a hit. Lastly, the credit report of the business will be tainted for many years.




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