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Senin, 16 April 2018

Filing 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.

It is easy for a business to become bankrupt. For instance, the firm can borrow commercial loans, get equipment financing and buy supplies on credit. If they do not generate enough sales, however, the firm may not be able to service their debts. This will lead to an increase in the outstanding balance due to accruing interest and penalties among other fees.

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.

This option is preferred by most business owners for a number of reasons. For one, it allows the business to continue running normally as the firm repays their debts. If handled properly, nobody will know that the business is bankrupt. However, there are some restrictions as the firm will not be able to sell any asset or acquire costly equipment during the bankruptcy period. Key decisions must also be approved by the trustee.

When a business files for bankruptcy, suppliers may refuse to offer goods and services on credit. Getting affordable business loans will also become a huge challenge because lenders never want to put their funds at risk. However, you can still access loans, but at a much higher cost. Please note that the bankruptcy will remain on your credit report for several years.

There are many factors to consider when looking for a suitable lawyer to hire. For instance, you should only shortlist lawyers that have specialized in bankruptcy cases. Secondly, you should give priority consideration to the most experienced lawyers. Thirdly, you need to do some research on the reputation of a lawyer to ensure you find the most trusted and most reliable lawyer in town.

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.

Bankruptcy can be voluntary or involuntary depending on who files the case. For instance, creditors can seek to have a business declared bankrupt to recover their debt. In such a case, the bankruptcy is involuntary. In many cases, however, business owners normally rush to court to get protection from creditors and debt forgiveness in a voluntary type of bankruptcy. This bankruptcy chapter can help a business to get rid of most of their bad debts.




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