A business bankrutpcy lawyer can work with you to help you sort through your business debts, assets and overall health and future to determine whether or not Chapter 11 bankruptcy is right for you and your business. Ultimately, it is a matter of the numbers, and what you, and any partners and other business interests can do to either save the company or liquidate. Need a Business Lawyer?
The bankruptcy decision in itself is a federal court process that has been designed to assist consumers and businesses alike to eliminate debt or repay financial obligations under the protection of the Bankruptcy courts. These fall into two categories, “re-organizations” and “liquidations”.
A Chapter 11 bankruptcy filed in accordance with the US Bankruptcy Code is often referred to in one word as being a “reorganization” bankruptcy. Federal Bankruptcy laws govern how a company goes out of business and go about recovering from overwhelming debt to become profitable again. This is generally accomplished by use of a management plan that is under the executorship of the bankruptcy courts.
When a business files for protection under chapter 11 bankruptcy, it is required to re-organize. In this case the businesses management will continue to pursue day-to-day operations, although the bankruptcy courts are required approve all major business decisions. Chapter 11 is the only section of the bankruptcy code that allows business operations to continue, and if and when the business manages to re-organize they may be allowed to exchange old stocks and bonds for new ones in the company, even though the new stock may be worth less than the original stocks and bonds in the business. Whatever happens, it is up to the Bankruptcy court to determine if stockholders receive anything or whether the debtor is insolvent or not.
If a business decides to file under chapter 7 of the Bankruptcy code, it will need to stop all operations and go out of business. The Bankruptcy court then appoints trustees to completely liquidate all assets of the company and pay off all financial obligations and debt. These debts include debtors, creditors and investors. Typically, stockholders may recoup a fraction of their investment, but the stocks of a chapter 7 business are usually worthless.
By contrast, chapter 7 or the “liquidation” type of bankruptcy, any property that is not exempt under your particular state laws is able to be sold or “liquidated” to pay back part of the debt owing. It is often referred to separately as “consumer, chapter 7″ and “business chapter 7″ bankruptcy and typically lasts three to six months.
In Chapter 7 bankruptcy, some property may be sold to reduce the debt, however almost all unsecured debt will be erased from the debt profile, and you may be allowed to keep classified properties such as clothing, cars and furnishings. Secured debt is different story however; say for example your car has been pledged as collateral for a debt, you have the choice of allowing the creditor to repossess the car or paying a lump sum to the creditor that is equal to the current replacement value. Some kinds of secured debt may be eliminated.
Chapter 13 is the most common of all methods of re-organization bankruptcy for most consumers and means that they are able to retain their property, but repayments must be made and met to ensure that over a three to five year period all debts will be repaid.
All forms and chapters of bankruptcy have a wide variety rules and regulations and exceptions to those rules and regulations. In essence it is a very complicated process. These laws dictate what property you can and cannot keep and what kinds of debts are covered. Ask A Lawyer Online Now. Get an Answer ASAP. 12 Lawyers Are Online! Law.JustAnswer.com
By: Jay Anderson
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