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Saturday 16 June 2018

How To File A Chapter 11 Oakland CA

By Jose Patterson


There are three main types of bankruptcy. These are chapters 7, 11 and 13. Chapter 11 Oakland residents should know is meant for businesses and corporate entities. If you own a business that has a lot of bad debt, you can get debt forgiveness through this bankruptcy option. However, you should hire a competent bankruptcy lawyer to help you out with the case to ensure that everything goes as planned.

Any business can find itself in a situation where their income is not enough to cover overheads and service debts. The end result is the mushrooming of bad debt as creditors apply penalties and other fees as well as higher rates of interest. With time, the firm will find itself unable to pay off the outstanding debts. In such as case, bankruptcy may be the only option for the firm.

This option basically provides for debt restructuring. The management of the firm basically undertake to make regular monthly payments to offset their debt over a period of several years. The monthly payments are usually affordable, and not based on the outstanding balance. This means that the business will a great chance of meeting the terms and conditions of the debt restructuring plan.

The best thing about this option is that the business can continue running as they pay off their debts since no assets will be sold. In fact, customers and other stakeholders may never find out about the bankruptcy. This makes chapter 11 the perfect option for corporate debtors to get debt forgiveness. However, the option comes with several negative effects that business owners should know about.

It is important to note that bankruptcy can be a huge setback for any business. While it can give you debt forgiveness, it will also deny you access to affordable loans. Your business may also not be able to get goods on credit. Furthermore, most lenders will quote exorbitant rates on any loans they offer to the business.

There are many factors to consider when looking for a suitable lawyer to hire. For instance, you should only shortlist lawyers that have specialized in bankruptcy cases. Secondly, you should give priority consideration to the most experienced lawyers. Thirdly, you need to do some research on the reputation of a lawyer to ensure you find the most trusted and most reliable lawyer in town.

After filing the necessary paperwork in court, the management of the business seeking bankruptcy protections will be asked to draft a repayment plan based on their average monthly income. The plan will be presented to creditors in a meeting of creditors organized by the trustee. If approved by the court, the firm will enjoy all the protections that come with bankruptcy.

A business can become bankrupt voluntarily or involuntarily. For instance, the firm can decide to declare bankruptcy to prevent their debt from increasing further as well as to get debt forgiveness. However, creditors can also rush to court to seek the intervention of the court by having the debtor declared bankrupt. This is called involuntary bankruptcy, but the terms and conditions, and procedures are the same.




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