Essential Steps When Filing For Business Bankruptcy


Robert bonner

Financial troubles are an expected part of life. Most people have found themselves in some type of financial trouble at some point in their life. It is not the fact that you suffered a financial trouble, but instead, how you handle it that matters the most. A financially tough situation that is put off for too long tends to result in an even worse situation. However, if the financial problem is handled immediately, the damage is lessened, and the financial recovery can begin sooner. If you are experiencing bankruptcy issues, you are likely to find that the services of a bankruptcy attorney are beneficial for many reasons.

Quick filing

Immediate filing for bankruptcy issues is important for many reasons. The longer you wait to file for bankruptcy, when bankruptcy is inevitable, the more that your personal aspects of life are being affected. Many businesses are backed by residential liens or other personal belongings. If you are in default on loans for too long, you have the potential to lose your house, your vehicles, and any of your other belongings.

Once your bankruptcy case is started, however, holds will be placed onto these accounts. The judge will look at your financial situation and may provide you with alternative ways to deal with your debt. Filing for bankruptcy does not have to mean that you lose all of your personal and business assets. In fact, filing for bankruptcy in the early stages of financial trouble can actually help out your situation.

More affordable payments

When a bankruptcy attorney handles your bankruptcy issues, they may have the ability to negotiate terms that are more in your favor. Some bankruptcy payments are still too high for the consumer to comfortably make them. Your attorney will arrange bankruptcy mediation between the judge and your owed creditors. They will attempt to find the best repayment solution for your current financial situation. The judge will play an important role in the outcome of this situation.

It is also possible that your bankruptcy issues are sent onto a different court and different judge if an agreed upon repayment plan cannot be established. However, in 1962, 11.5% of federal civil cases went to trial. Today, experts say the percentage of civil cases that actually reach trial in the Federal courts is estimated to be about 1%. Most cases will be settled in their original court, especially with the services of a bankruptcy attorney, and not sent to the federal court.

Keep you out of liquidation

Many business owners believe that bankruptcy issues are the end of their business. This is not always the case. Some business financial troubles are the result of a difficult time or an unexpected expense, such as a lawsuit or federal estate tax law issues. Approximately 90% of all chapter 11 debtors have less than $10 million in assets or liabilities, less than $10 million in annual revenues, and 50 or fewer employees.

Bankruptcy does not have to mean the end of your business. This is especially true if you file with an experienced bankruptcy attorney. If your business was at one time profitable and has the ability to become profitable again, you may be granted another chance. You will be required to make additional payments to the bankruptcy court, paying down debt, but can still operate as a business. However, if you are still unsuccessful and remain unprofitable, you may be forced to either sell or liquidate the company for repayment.

To meet time restraints and limitations

Most legal issues can time restraints for filing and for counsel. Hiring a bankruptcy attorney can ensure that you are in these time limits and that you are aware of all of your bankruptcy issue options. A bankruptcy attorney can also provide counsel as to which court to file with and what type of repayment options to request. They are a valuable benefit to evaluating current financial situations and making a legal case.

Bankruptcy does not have to be the end to a business. If your business went through tough times and is not facing bankruptcy, it is important to hire a bankruptcy attorney immediately. They can provide necessary consultation into bankruptcy laws, arrange bankruptcy mediations, and prevent forced liquidations of your business.

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