Sunday, April 15, 2018

Filing A Chapter 11 Oakland CA

By Jose Patterson


There are many types of bankruptcy in existence. However, debtors can use only one or two of them, depending on the type of debtor they are. The three types of bankruptcy are chapters; 13, 11 and 7. Businesses can use chapters 7 and 11 while individual debtors can use chapters 7 and 13 to get debt forgiveness. If your business is struggling with a lot of unmanageable debts, you should consider filing for chapter 11 Oakland CA.

Any business that has some debt can easily become bankrupt. Imagine an economic crisis that dampens the prospects of a business by affecting its revenue. With reduced revenue, the business will not be able to service its debts and cover overhead expenses. This means that the firm will default on their debt obligations. This will force them to file for bankruptcy to resolve their debt problem.

This option basically provides for debt restructuring. The management of the firm basically undertake to make regular monthly payments to offset their debt over a period of several years. The monthly payments are usually affordable, and not based on the outstanding balance. This means that the business will a great chance of meeting the terms and conditions of the debt restructuring plan.

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 voluntarily or involuntarily. For instance, the firm can decide to declare bankruptcy to prevent their debt from increasing further as well as to get debt forgiveness. However, creditors can also rush to court to seek the intervention of the court by having the debtor declared bankrupt. This is called involuntary bankruptcy, but the terms and conditions, and procedures are the same.




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