Wednesday, March 13, 2019

Tips For Filing A Chapter 11 Monterey

By Ruth Butler


Bankruptcy is a legal option for debtors to settle their debts without paying the outstanding balance of their debts. Both businesses and individual debtors can file for bankruptcy to get debt forgiveness. Whatever the case, it is crucial you look for a competent lawyer to advise and guide you through the process. After all, legal counsel is absolutely necessary when filing for chapter 11 Monterey.

There are many lawyers you can hire to help you with the bankruptcy filing. Since they cannot all be the same, however, you will need to compare them to identify the best attorney for your needs. The ideal lawyer should have a lot of experience in the industry as well as a great reputation. In addition to that, they must charge a competitive rate for their services. Be sure to take your time to compare rates to ensure you find the best attorney.

There are several bankruptcy chapters that you can use to get rid of your business debt. The first is chapter 11, which is meant for businesses and organizations. Individual debtors cannot use this option. Chapter 13 is basically debt restructuring for individual debtors while chapter 7 is provided for under chapter 7.

When looking for bankruptcy protections under this option, the owner or management of the company or business needs to file the necessary paperwork and submit a plan on how they plan to repay their debts. The plan must be presented to the creditors and the court. If approved, the firm will have to make monthly payments over a period of several years to get debt forgiveness.

It is crucial to note that with this chapter, the trustee will only be required to accept regular monthly payments to settle the outstanding debts. No liquidation will be done. The monthly installments are usually based on the financial muscle of the debtor, and not what they owe. After a few years of making regular monthly payments, the outstanding debts will be forgiven.

With this option, debtors do not lose their assets to liquidation. What happens is that the trustee helps the firm to come up with a repayment plan for their debts. The plan must be presented to creditors, who will ask questions. After approval of the plan, the debtor will retain all assets and be required to make regular payments to the trustee every month to service their debts. After some time, all unpaid debts will be written off.

Ideally, bankruptcy should be considered after all other options have failed to yield any results. For starters, you should consider refinancing your debts. If this fails, you should consider consolidating your debts. If these two options, together with other debt resolution options fail, you should consider filing for bankruptcy to get bankruptcy protections.

Once a firm has been declared bankrupt under this option, selling equipment or acquiring equipment and vehicles will become extremely challenging. This is because it will be the responsibility of the trustee to protect the assets of the business. This means that business expansion will not be possible. Similarly, acquiring necessary, but costly equipment will be difficult.




About the Author:



No comments:

Post a Comment