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Process Of Filing A Chapter 11 Oakland

By Daniel Evans


There are many bankruptcy chapters that individual consumers, businesses, charities and other legal entities can use to get rid of their debts. This legal provision has been provided under the federal bankruptcy act, but state law also has some provisions that guide the entire process. If you have been weighed down by debt, you can use bankruptcy to get a fresh start. The key to success, however, lies in hiring a chapter 11 Oakland lawyer.

This type of bankruptcy is available to businesses and legal entities that have a lot of bad debt. Individual consumers cannot use it to get rid of their debts. There is one important condition that a business must satisfy to qualify. A business must have a stable income source that can be used to pay off the debts.

Liquidation is the default type of bankruptcy. It calls for selling of all the assets owned by the business to pay off debts. The downside with this option is that it prevents the business from continuing with operations, so they may have to close shop. With debt restructuring, debts are restructured to allow for monthly payments throughout the bankruptcy period.

The main advantage of debt restructuring through chapter 11 over liquidation is that no assets are sold, the business can continue operating unhindered. This will make it easier for the debtor to clear all debts in question. Secondly, it can prevent a business from shutting down, which is always good news for the owner, the government and employees.

After filing the necessary paperwork in court, a bankruptcy trustee will be appointed. This is the person who will be in charge of the entire bankruptcy process. They will carry out due diligence on the financial position of the debtor to confirm that they meet all the minimum requirements for this option. If the debtor has a lot of valuable assets and an unreliable income, the trustee may recommend liquidation as opposed to restructuring of debts.

It is crucial to note that there are some debts that can never be written off. For instance, taxes must be paid no matter what. If you owe a lot of money in terms of business taxes, penalties and interest, you will be required to settle your debts as you continue to make payments towards settling your other debts.

The main benefit of a chapter 11 bankruptcy is that it allows businesses or legal entities to restructure their debts. Once the trustee has been appointed, the firm will be required to come up with a payment plan that they can honor with their average monthly income. This means that the business will continue to operate and retain all personnel as they service their debts.

Bankruptcy should only be considered after other options for dealing with debt, such as refinancing and debt consolidation, have failed. This is because bankruptcy comes with a number of unwanted effects. For instance, the debtor will be blacklisted by lenders as the bankruptcy entry will appear on their credit report. This will make it hard for the business to access credit facilities or any type of financing. Secondly, the business may not be able to get some tenders or jobs that require qualified firms that are not bankrupt.




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