Tips For Filing A Chapter 11 Oakland

By Donald Russell


There are a number of ways through which you can resolve your debt problems. The first is to refinance your debt to get a longer repayment period and lower monthly payments. The second is to consolidate your debts to save money and make your payments easier. The third, and also the option of last resort, is to declare bankruptcy. Ideally, you should hire a competent lawyer to advise you whether or not to file a chapter 11 Oakland.

This is basically debt restructuring for corporate or business debtors. A trustee is brought in to help the managers draft a repayment plan for their debt. The plan will run for a certain number of years, and the monthly payments will be based on the disposable income of the business. The amount can be little, but that would be enough to provide the business with debt forgiveness.

If your business is declared bankrupt under this chapter, you cannot hire any new staff, buy new equipment or expand the company. Furthermore, you cannot sell any asset that belongs to your business. Doing this is illegal. The trustee will also have to be involved in any decision making processes. After all, they are the new administrators of the firm.

In case the business fails to make the monthly payments stipulated in the debt restructuring plan, the trustee will initiate chapter 7 proceedings. This entails making arrangements for an auction and selling all the assets belonging to the company to recover funds to pay off the debts owed by the business.

This bankruptcy can be involuntary or voluntary. If suppliers and creditors do not get what is due to them, either due to your inability or refusal to pay, they can have your business declared bankrupt. This will enable them to recover their funds through legal means. Business owners can also rush to court to get protection from creditors by seeking to be declared bankrupt voluntarily.

Hiring a bankruptcy attorney to advise and guide you throughout the bankruptcy process is always a good idea. The lawyer will help to explain all legal jargon and guide you whenever you are required to make an important decision. They can also help you fill the necessary forms and come up with a repayment plan. They will also protect your interests when the trustee goes overboard.

When a business becomes bankrupt, suppliers will refuse to supply goods on credit. After all, the business has a history of not settling invoices or paying their debt. Lenders will also cancel all lines of credit available to the business. It will also become difficult for the business to get any new business as everybody will know that the company is bankrupt and unable to meet its commitments.

It is important to note that failure of the debtor to honor the approved repayment plan they drafted will lead to closure of the business because every asset owned by the business will be liquidated under chapter 7 bankruptcy upon default of the repayment plan. That is why trustees are normally careful in assessing the viability of a business and its ability to service the debt before approving the bankruptcy. If a business does not have sufficient income, the trustee may recommend liquidation to the court.




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