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Monday, 30 April 2018

Guide To Filing A Chapter 11 Oakland

By Kimberly Walker


If you own a business that is experiencing financial problems that have made it impossible for you to service your business debts, you can file for bankruptcy. A chapter 11 Oakland residents should know, is a type of bankruptcy that was designed specifically for businesses and legal entities that are unable to service their debts. You can file for bankruptcy under this provision to get rid of your business debt.

Before you can file for bankruptcy, it is recommended you consult a lawyer. There are many bankruptcy lawyers that can advise you accordingly to ensure you make an informed decision. The ideal lawyer should have a lot of experience in the industry. They should also have a great reputation, so be sure to carry out the necessary research.

This bankruptcy chapter is meant for businesses only. It provides for reorganization or debt. Individual consumers cannot use this option, as they can only qualify for bankruptcy under chapters 7 and 13. Be sure to work with a reputable lawyer when seeking bankruptcy protections.

There are several disadvantages of bankruptcy. For starters, you will be listed by creditors as a defaulter. Your credit report will also show that you have filed for bankruptcy. As a result, you will not be able to get affordable credit. The reputation of your business will also be tainted and this may affect your business prospects. Therefore, you should learn about all these drawbacks before filing for bankruptcy.

With this type of bankruptcy, the legal entity must prove that there is sufficient regular income to at least pay part of the outstanding debt. If there is no income, or the income is unreliable or insufficient, a chapter 7 liquidation of the business will be ordered instead of debt reorganization. A trustee will be appointed to check whether or not the applicant has met all the minimum requirements.

Your credit report will show that you are bankrupt. The entry will remain on your report for several years, and this will limit your ability to access affordable business loans. However, chapter 11 may be the best way to keep your doors open as you work on repaying your debts. Every business should consider this as an option for settling their debt, but it should be the last option to be considered.

Once a business has been declared bankrupt under this bankruptcy provision, the trustee will take over the day to day running of the business. This means that they have to sign off on important business decisions. Furthermore, additional credit cannot be procured and no core asset can be disposed of during the bankruptcy period.

With this option, the debtor is required to come up with a repayment plan they can afford based on the revenues they can generate from the business. The plan must be presented to creditors and approved by the court. After approval, the business will be required to forward the monthly payments to the trustee over a period of several years to get debt forgiveness.




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