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Understanding Chapter 11 Monterey Businesses Use To Reorganize

By Patrick Thomas


Nobody opens a business with the expectation it will end up in bankruptcy, but it happens all the time. This is not a decision that should be made lightly because it will cost you financially and can ruin your credit for years. It may also change the public's perception of you. Chapter 11 Monterey experts can give you some tips on how to successfully find your way through this challenging time and come out on the other side stronger than ever.

The purpose of this type of bankruptcy is to give a business time to regroup. Even though it may still be making a profit, business debt is usually about to overwhelm it. The cause may be economic downturn, adverse market trends, stock decline, or just poor management. Whatever the reason, the company officers can petition the courts for relief.

It may be that you have decided the business is a total loss, and you just want to liquidate and close the doors. You may also feel there is something of value you have to offer the buying public if you can only get a chance to start again and make better choices. Chapter 11 allows you to keep the doors of your business open, pay your employees, and keep lawsuits and debt collectors from taking up all your time. Restructuring may mean some workers will have to be let go, but some jobs will be saved.

You can't go through this without legal representation. Some lawyers specialize in bankruptcy cases and know exactly how to keep your assets from being frozen and you in business. They can work with the court in your name on plans to restructure and consolidate loans. They will know how to prepare the documents you need to present to a judge and make sure everything is turned on time.

Because chapter 11 is time consuming and complicated, it is going to be expensive. You will have to have numerous meeting and planning sessions with your attorneys. There will probably be several court dates to explain how you are proceeding that you and your lawyer must attend. If your intention is to stay in business, there are several benchmarks the court requires that you meet.

A detailed reconstruction plan is required by the court and must be approved by it. Not only is it important for the system to feel you are on the right track, you need something for your own purposes to follow as you go forward.

There will be meetings with creditors, and you will have to convince them you are interested in treating them fairly. As long as they are a party to the bankruptcy, they will have no reason to file claims against you and your business. If you leave people you owe money or goods to out of the bankruptcy documents, you could be facing lawsuits from them however.

Bankruptcy is not the first choice for most businesses. They can lose everything if they don't convince the court they have a viable plan to make things right.




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