الجمعة، 10 مايو 2019

How To File For Chapter 11 Bankruptcy Monterey

By David Cole


Whenever you find yourself in a difficult financial situation where you are unable to pay your debts, you should always consider bankruptcy. While this should not be the option of first resort, it should always be on the table. There are many types of bankruptcies that you can consider. By consulting a competent lawyer, you will get the information you need to help you make an informed decision. Before filing for chapter 11 bankruptcy Monterey residents need to understand all the pros and cons.

There are two options that debtors have for getting rid of their debts. The first is chapter 7 while the other is chapter 11. The former involves liquidation of business assets to pay off debts. The latter is basically restructuring of business debts. Once declared bankrupt, the firm will be required to make small monthly installments for several years to have their debts forgiven.

The beauty of becoming bankrupt under this option is debt forgiveness without loss of assets. After all, no liquidation will be done. Since you want to get rid of your debts as you continue running the business, you should give chapter 11 strong consideration. If you default on the repayment plan, however, liquidation of assets will be done under chapter 7.

Only businesses that generate a decent income can qualify for this option. If a firm does not have any income, it can only qualify for liquidation. Therefore, you will need to provide bank statements and financial statements proving that the business is able to make monthly payments towards settlement of their debts. The trustee will go through the submitted documents to ensure that the proposed repayment plan is sustainable.

There are several benefits of becoming bankrupt. For starters, The debtor will get protection from the court. This means debtors will not go after them. Secondly, debtors can have all their bad debts written off. Thirdly, debtors will get a chance to start life afresh, free of bad debts.

Consulting a bankruptcy attorney is always recommended before you can decide to file the necessary paperwork. After all, you would like to have all the necessary information before you make a decision. By checking the reputation, experience, track record and character traits of different lawyers, you should be able to make an informed decision.

Obviously, you are looking for an affordable legal services provider. Therefore, you have to request quotes from a number of firms and compare them to identify the best service provider for your needs based on their affordability. Depending on the quotes provided, you should be able to make an informed decision on the right firm to hire. However, cost alone should not be the determining factor.

Once a firm has been declared bankrupt, you should know that access to credit will be limited. Secondly, the firm will not be able to procure services or goods on credit. This can have a huge impact on the firm. That is why it is recommended you hire a competent lawyer to tell you all the pros and cons of this option before you commit yourself.




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