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lundi 30 avril 2018

Guide To Filing A Chapter 11 Oakland

By Kimberly Walker


If your business is having difficult financial problems that seem unsolvable, you may want to consider seeking legal help. This is because creditors will always be making threats if you do not service you business debt accordingly. The law provides protections to distressed borrowers through bankruptcy, so you can file for chapter 11 Oakland to deal with your debt problem and get your business on track to achieving business success.

Before filing for bankruptcy, you should hire a competent bankruptcy lawyer to offer professional advise. After all, it is only reasonable to consult a legal expert when seeking a legal solution for your debt problem. The ideal lawyer should have a lot of experience handling bankruptcy cases. They must also have a great reputation.

This option only covers business debts, so if you have personal debts, you will need to consider chapters 7 and 13. If you have a reliable income, the latter would be best suited for your personal debt problem. If not, your personal assets will need to be liquidated to settle your debts. Whatever the case, bankruptcy normally provides debtors with a convenient way to settle their debts.

There are a number of disadvantages of filing for bankruptcy. The biggest one, however, is that your business will be blacklisted, so you will not be able to get commercial loans from mainstream lenders. Suppliers will also refuse to supply goods and services on credit due to your track record of refusing to pay. Be sure to keep this in mind when 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.

An important point to note about bankruptcy is that it will appear on the credit report of your business for several years. This will make it difficult for you to access affordable loans. You will also not be able to get goods on credit as suppliers will not trust you to pay on time. The good news is that you will be able to keep the doors of your business open as you settle your debt.

When your business has become bankrupt, a trustee will be appointed to take over the management of your business. Some employees will have to be let go. Every key business decision will also have to be approved by the trustee. Please note that you will not be able to sell any core business asset or borrow more money once your business has been declared bankrupt.

Business owners are often required to draft a repayment plan for their business debt when filing for this bankruptcy option. The plan must take into consideration the average income of the business, and must span the entire bankruptcy period. By paying these installments without fail, business owners can be assured of getting debt forgiveness after the bankruptcy period.




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