What To Know About Chapter 11 Monterey

By Jason Ross


There are several bankruptcy options for different types of debtors. The most common option for business debtors is chapter 11. When planning to file for bankruptcy under this chapter, business owners need to consider a variety of factors. They should also hire a competent lawyer. When it comes to chapter 11 Monterey residents should know that this option has a number of pros and cons they should know about.

The main benefit of any type of bankruptcy is debt forgiveness. Once you have been declared bankrupt, you can be assured of having your bad debts forgiven. In addition to that, the bankruptcy will stop creditors from hassling and threatening you all the time. This means that you can have peace of mind when you have been declared bankrupt.

Debt restructuring is what this chapter normally provides. Therefore, you will have to draft a plan to service your debts under improved terms and conditions, which means that your business can easily meet its obligations. After a few years of making payments without defaulting, all unpaid debts will be written off. The good news is that no assets will be auctioned off to pay debts.

The main shortcoming of bankruptcy is that the business will be adversely listed with credit referencing bureaus. As a result a simple credit check by potential lenders will reveal that the business is bankrupt. As a result, loan applications will be rejected. Suppliers may even stop offering goods on credit terms because the firm has proven to be unable to service its debts in the past.

When a business has been declared bankrupt, its reputation will be adversely affected. After all, the public will know about the bankruptcy and decide not to work with the firm as they are not able to take care of their financial needs, so how can they meet the needs of clients. This may spell doom for some businesses.

Every firm that has a debt problem and is considering bankruptcy should hire an experienced bankruptcy attorney. The lawyer will provide the management with the information they need to make informed decisions, especially when it comes to the type of bankruptcy to use to get rid of the debt. There are many competent bankruptcy lawyers in the city, so you only need to compare their strengths and weaknesses before choosing the best one for your needs.

Businesses can also seek debt forgiveness through chapter 7. Unfortunately, this chapter will lead to winding up of the business because assets have to be sold to recover funds to pay all the debts owned by the firm. Therefore, business owners should be prepared to call it quits when they decide to use this bankruptcy option. Trustees are usually expected and required by law to auction everything of value that is owned by the business.

Once a bankruptcy petition has been received by the court, a trustee will be appointed to take a look at the petition and determine whether or not the applicant qualifies. The trustee will also arrange a meeting of creditors and discuss the debt involved. The management of the business will then be required to come up with a repayment plan and present it to the committee of creditors. If approved, the business will only need to make regular monthly payments to get debt forgiveness.




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