There are many bankruptcy chapters that individual consumers, businesses, charities and other legal entities can use to get rid of their debts. This legal provision has been provided under the federal bankruptcy act, but state law also has some provisions that guide the entire process. If you have been weighed down by debt, you can use bankruptcy to get a fresh start. The key to success, however, lies in hiring a chapter 11 Oakland lawyer.
Chapter 11 is available to business and corporate debtors. Any legal entity that consumes debt can apply for legal protections under this option. However, the business must have a regular source of income, which is predictable and considerable. If not, liquidation may be recommended by the trustee.
While the default type of bankruptcy calls for liquidation of assets owned by the firm to offset their debts, this option provides for reorganization of debts. The debtor is declared bankrupt, and gets all bankruptcy protections. In return, they agree to make monthly payments to the trustee, who distributes the payments to all the creditors. This goes on throughout the bankruptcy period, after which all unpaid debts are written off.
The main advantage of debt restructuring through chapter 11 over liquidation is that no assets are sold, the business can continue operating unhindered. This will make it easier for the debtor to clear all debts in question. Secondly, it can prevent a business from shutting down, which is always good news for the owner, the government and employees.
The first thing that will be done once you file the necessary bankruptcy paperwork is the appointment of a trustee by the court. This is the person who will oversee the whole process. The trustee will start by looking at financial statements, business records and other documentation to assess the financial position of the business as well as the total qualifying debts. The trustee will also take stock of all the assets in the business and put a freeze on their sale. The trustee will also forward all monthly payments to creditors as required by law.
It is important to note that there are many types of debts that cannot be written off through bankruptcy. Taxes, penalties and interest on unpaid taxes are not subject to bankruptcy proceedings, so you still have to pay off your taxes when you are declared bankrupt. Only death can absolve you from paying taxes.
The beauty of a chapter 11 is that it provides for debt restructuring. In fact, it is the debtor who is required to come up with a repayment plan to clear their business or corporate debts. The monthly payments are based on the average net income of the debtor, and not what they owe. This means that they can easily clear their debts without making drastic changes in their business.
Bankruptcy should only be considered after other options for dealing with debt, such as refinancing and debt consolidation, have failed. This is because bankruptcy comes with a number of unwanted effects. For instance, the debtor will be blacklisted by lenders as the bankruptcy entry will appear on their credit report. This will make it hard for the business to access credit facilities or any type of financing. Secondly, the business may not be able to get some tenders or jobs that require qualified firms that are not bankrupt.
Chapter 11 is available to business and corporate debtors. Any legal entity that consumes debt can apply for legal protections under this option. However, the business must have a regular source of income, which is predictable and considerable. If not, liquidation may be recommended by the trustee.
While the default type of bankruptcy calls for liquidation of assets owned by the firm to offset their debts, this option provides for reorganization of debts. The debtor is declared bankrupt, and gets all bankruptcy protections. In return, they agree to make monthly payments to the trustee, who distributes the payments to all the creditors. This goes on throughout the bankruptcy period, after which all unpaid debts are written off.
The main advantage of debt restructuring through chapter 11 over liquidation is that no assets are sold, the business can continue operating unhindered. This will make it easier for the debtor to clear all debts in question. Secondly, it can prevent a business from shutting down, which is always good news for the owner, the government and employees.
The first thing that will be done once you file the necessary bankruptcy paperwork is the appointment of a trustee by the court. This is the person who will oversee the whole process. The trustee will start by looking at financial statements, business records and other documentation to assess the financial position of the business as well as the total qualifying debts. The trustee will also take stock of all the assets in the business and put a freeze on their sale. The trustee will also forward all monthly payments to creditors as required by law.
It is important to note that there are many types of debts that cannot be written off through bankruptcy. Taxes, penalties and interest on unpaid taxes are not subject to bankruptcy proceedings, so you still have to pay off your taxes when you are declared bankrupt. Only death can absolve you from paying taxes.
The beauty of a chapter 11 is that it provides for debt restructuring. In fact, it is the debtor who is required to come up with a repayment plan to clear their business or corporate debts. The monthly payments are based on the average net income of the debtor, and not what they owe. This means that they can easily clear their debts without making drastic changes in their business.
Bankruptcy should only be considered after other options for dealing with debt, such as refinancing and debt consolidation, have failed. This is because bankruptcy comes with a number of unwanted effects. For instance, the debtor will be blacklisted by lenders as the bankruptcy entry will appear on their credit report. This will make it hard for the business to access credit facilities or any type of financing. Secondly, the business may not be able to get some tenders or jobs that require qualified firms that are not bankrupt.
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Find an overview of the benefits of consulting a Chapter 11 Oakland attorney and more info about an experienced lawyer at http://www.centralcoastbankruptcy.com/chapter-11.html right now.
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