Guide To Filing A Chapter 11 Oakland

By Kimberly Walker


If you own a business that is experiencing financial problems that have made it impossible for you to service your business debts, you can file for bankruptcy. A chapter 11 Oakland residents should know, is a type of bankruptcy that was designed specifically for businesses and legal entities that are unable to service their debts. You can file for bankruptcy under this provision to get rid of your business debt.

Before you can file for bankruptcy, it is recommended you consult a lawyer. There are many bankruptcy lawyers that can advise you accordingly to ensure you make an informed decision. The ideal lawyer should have a lot of experience in the industry. They should also have a great reputation, so be sure to carry out the necessary research.

It is important to note that only business debts are covered under this bankruptcy chapter. This means that any personal debts that you may have will not be settled. If you have a lot of personal debt, you can use chapters 7 or 13 to settle your personal debts. Please note that there are several strict requirements that you will be required to fulfill before you can be declared bankrupt.

There are a number of disadvantages of filing for bankruptcy. The biggest one, however, is that your business will be blacklisted, so you will not be able to get commercial loans from mainstream lenders. Suppliers will also refuse to supply goods and services on credit due to your track record of refusing to pay. Be sure to keep this in mind when filing for bankruptcy.

Only businesses or legal entities with a regular income can qualify for this bankruptcy option. If your business is not able to generate any income, your only option would be to have its assets liquidated under chapter 7. However, if you have a reliable and significant income source, you might just be lucky enough to get the bankruptcy protections that come with this bankruptcy provision.

It is important to note that the bankruptcy will remain on the credit report of the business for several years. This means that the bankruptcy will taint the reputation of the business. However, this is the best way for the business to settle its debts without shutting its doors or losing any of its assets. Therefore, the owners of distressed businesses should consider this option.

Once a business has been declared bankrupt under this bankruptcy provision, the trustee will take over the day to day running of the business. This means that they have to sign off on important business decisions. Furthermore, additional credit cannot be procured and no core asset can be disposed of during the bankruptcy period.

With this option, the debtor is required to come up with a repayment plan they can afford based on the revenues they can generate from the business. The plan must be presented to creditors and approved by the court. After approval, the business will be required to forward the monthly payments to the trustee over a period of several years to get debt forgiveness.




About the Author:



No comments:

Post a Comment