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Sunday, 1 April 2018

Tips For Filing A Chapter 11 Oakland

By Donald Russell


There are a number of ways through which you can resolve your debt problems. The first is to refinance your debt to get a longer repayment period and lower monthly payments. The second is to consolidate your debts to save money and make your payments easier. The third, and also the option of last resort, is to declare bankruptcy. Ideally, you should hire a competent lawyer to advise you whether or not to file a chapter 11 Oakland.

This option can be looked at as debt restructuring for corporate debtors. It allows the debtor to make convenient monthly payments for several years to get debt forgiveness. The monthly payments are usually small, and based on what the debtor can afford. This means that a huge chunk of their debt will be written off at the end of the process. This can give any organization a new lease of life.

When a business has been declared bankrupt under this form of bankruptcy, they cannot hire new workers or expand. No asset belonging to the company can be sold. Furthermore, the trustee will be present during all high level managerial or shareholder meetings. In fact, all important decisions about the business must get their approval.

In case a company fails to meet the terms and conditions of the repayment plan, the trustee will initiate chapter 7 bankruptcy proceedings. This will force the company to close shop because all their assets, including inventory, will be liquidated. That is why business owners need to be careful not to default.

This bankruptcy can be involuntary or voluntary. If suppliers and creditors do not get what is due to them, either due to your inability or refusal to pay, they can have your business declared bankrupt. This will enable them to recover their funds through legal means. Business owners can also rush to court to get protection from creditors by seeking to be declared bankrupt voluntarily.

Hiring a reputable lawyer to advice and represent you during the bankruptcy proceedings is a good idea. This is due to the fact that there are many legal jargon that you may not understand. You also want to know about all the legal consequences of becoming bankrupt. For this reason, you should hire a suitable lawyer to help you deal with the trustee.

When your business is declared bankrupt, you will not be able to access credit due to your poor credit rating and listing status. Suppliers may also stop delivering goods on credit because of the fear that you will not pay their invoices. This will make it difficult for you to run your business. These are some of the things that you need to know about before filing for bankruptcy.

It is important to note that not every business or organization can qualify for chapter 11. This is because debtors need to have a reliable source of income to qualify. This means that any business that does not generate enough revenue, or one that always makes huge losses cannot qualify. If the business fails to honor the repayment plan drafted by the managers, the trustee will make arrangements for a public auction to liquidate all the assets belonging to the business.




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