Monday, August 29, 2016

Your Business Is Important, Consult With A Chapter 11 Monterey Business Bankruptcy Attorney Today

By Debra Stewart


During the course of doing business, there is much that is needed in order to make the business function at a profit and not a loss. Often when buying, businesses use credit to obtain some of the equipment they need to run their business, but when debt becomes more than income many businesses find themselves in trouble and in need of help. You may want to consult with a chapter 11 Monterey business bankruptcy attorney to find out how you can get your company back on track.

Business Bankruptcy, commonly known as Chapter 11 can help a business that is insolvent to reorganize their debts and pay their creditors on a payment plan or by selling off some of their assets to pay back the debts they owe. An attorney will be able to guide the business through the process and also to negotiate with creditors on a plan of repayment that is suitable for both parties.

While the company is in the process of the bankruptcy proceedings they may still be able to run their business but with limitations such as not being able to buy or take over any other companies during this time or to sell shares of stock. They will be able to conduct basic parts of their business that generate a profit however which will help them to repay their debts.

If fraud or mismanagement of the funds by the owner is determined, the court will appoint a trustee to conduct the business. Having the right attorney will also help in this case of proving or disproving the fraud allegations. If it is determined that the owner has not mismanaged the business funds they will retain full rights to ownership of their business.

It is helpful to have an attorney if you are considering filing for business bankruptcy. This form of bankruptcy can be the most complicated one and requires someone knowledgeable in the laws and statutes of the state in which it resides. Trying to conduct bankruptcy proceedings for your business without an attorney present may not be in the best interest of the company.

You will need to provide your attorney with all the necessary financial records of the company and consult with them regarding the debts that you owe and your profit and loss statements. An attorney can devise a better repayment plan for you if you give them all the information they need to negotiate with your creditors. The repayment plan must be paid in a specific time frame and this gives you the chance to reorganize your debts and make payments.

This form of bankruptcy will keep your creditors from coming after you with multiple collection attempts and threats of lawsuits. You will be protected from any action they attempt to take against you and your company and they must cease all their attempts to collect until the proceedings have been held an arrangements made. Then they must abide by the decision of the courts.

Chapter 11 can help a business to maintain operations while repaying their debts to creditors. It gives the company time to become solvent again and when the creditors have been paid, all restrictions on the business will be lifted in regards to being able to buy or sell stocks and also in taking over or buying existing companies to merge with. Obtaining good legal counsel can help you through the entire process and make things much easier to handle.




About the Author:



No comments:

Post a Comment