الأحد، 25 فبراير 2018

Tips For Filing A Chapter 11 Oakland

By Donald Russell


Debtors have a wide range of debt resolution options at their disposal. The first, is to refinance when making monthly payments becomes difficult. The second option is to consolidate debts to make them easier to service, and also to save money. The option of last resort is to declare bankruptcy. When thinking about filing a chapter 11 Oakland business owners need to take their time to learn about the pros and cons of this option.

This legal option provides for debt restructuring for business debt. A trustee is normally appointed to act as the administrator of the business. The business managers will be required to draft a repayment plan based on their income. Usually, even a payment of just a few hundred dollars every month can be accepted to repay a debt of hundreds of thousands of dollars over a fixed repayment period, usually around 5 years. What is left unpaid after this period is often written off.

When a business has been declared bankrupt under this form of bankruptcy, they cannot hire new workers or expand. No asset belonging to the company can be sold. Furthermore, the trustee will be present during all high level managerial or shareholder meetings. In fact, all important decisions about the business must get their approval.

If the business or bankrupt organization fails to honor the terms and conditions of chapter 11 bankruptcy, the trustee will start liquidating all the assets belonging to the business. This will effectively force the debtor to close shop. That is why it is important for business owners to work with the trustee to ensure this does not happen.

Your business can become bankrupt voluntarily to get protection from creditors or involuntarily when creditors want to force you to pay their debt. Whatever the case, bankruptcy comes with several pros and cons that every business owner or debtor needs to know about. This knowledge is what will enable them to make informed decisions.

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 your business is declared bankrupt, you will not be able to access credit due to your poor credit rating and listing status. Suppliers may also stop delivering goods on credit because of the fear that you will not pay their invoices. This will make it difficult for you to run your business. These are some of the things that you need to know about before filing for bankruptcy.

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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