Monday, May 13, 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.

Only businesses that generate a decent income can qualify for this option. If a firm does not have any income, it can only qualify for liquidation. Therefore, you will need to provide bank statements and financial statements proving that the business is able to make monthly payments towards settlement of their debts. The trustee will go through the submitted documents to ensure that the proposed repayment plan is sustainable.

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 attorney to hire to offer advise and legal assistance during the bankruptcy proceedings is a bankruptcy attorney. There are many of them, but they are not all the same. Therefore, you should compare experiences, reputation, track record and character traits before making a decision. You want to hire an experienced attorney with a great reputation in the industry.

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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