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Saturday, 27 August 2016

If Your Business Is In Debt, Chapter 11 Monterey Bankruptcy Attorneys May Be Able To Help

By Debra Stewart


Sometimes the cost of doing business can lead to debts that are insurmountable. When a business finds that their debts are more than they can handle with day to day operations, it is time to seek professional help. This can come in the form of a Chapter 11 Monterey bankruptcy attorney who will help you get back on track so you can focus on running your business and making a profit.

Business Bankruptcy, commonly known as Chapter 11 can help a business that is insolvent to reorganize their debts and pay their creditors on a payment plan or by selling off some of their assets to pay back the debts they owe. An attorney will be able to guide the business through the process and also to negotiate with creditors on a plan of repayment that is suitable for both parties.

Some companies are still able to carry on business as usual with some restrictions on being able to buy out other companies or sell their stock. These limitations are often lifted once the proceedings have been completed and the repayment plans fulfilled. The courts will usually decide discharge a bankruptcy after obligations have been satisfied.

If fraud or mismanagement of the funds by the owner is determined, the court will appoint a trustee to conduct the business. Having the right attorney will also help in this case of proving or disproving the fraud allegations. If it is determined that the owner has not mismanaged the business funds they will retain full rights to ownership of their business.

It is helpful to have an attorney if you are considering filing for business bankruptcy. This form of bankruptcy can be the most complicated one and requires someone knowledgeable in the laws and statutes of the state in which it resides. Trying to conduct bankruptcy proceedings for your business without an attorney present may not be in the best interest of the company.

You will need to provide your attorney with all the necessary financial records of the company and consult with them regarding the debts that you owe and your profit and loss statements. An attorney can devise a better repayment plan for you if you give them all the information they need to negotiate with your creditors. The repayment plan must be paid in a specific time frame and this gives you the chance to reorganize your debts and make payments.

Business bankruptcy protects the business from creditors who may be attempting to collect the debts and threatening lawsuits and liens. Bankruptcy can halt this action from creditors and give the business time to reorganize their debts in order to repay them. Basically, this form of bankruptcy allows the business to reorganize their debts into a suitable plan of repayment that is more financially feasible for the company.

Chapter 11 can help a business to maintain operations while repaying their debts to creditors. It gives the company time to become solvent again and when the creditors have been paid, all restrictions on the business will be lifted in regards to being able to buy or sell stocks and also in taking over or buying existing companies to merge with. Obtaining good legal counsel can help you through the entire process and make things much easier to handle.




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