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Chapter 11 Bankruptcy and Your Business

September 1st, 2010 · No Comments · General News

pA business bankruptcy through a title=bankruptcy attorney href=http://www.bankruptcyattorneyincalifornia.com target=_blankChapter 11 bankruptcy/a allows for the reorganization of debt owed by a variety of business types including sole proprietors, partnerships, and corporations. The ultimate goal of the bankruptcy filing is to give the business some breathing room by discharging some debts while paying off others. From the beginning, a Chapter 11 bankruptcy filing can be quite complicated and loaded with risks to the business owner. For that reason alone never go into a Chapter 11 bankruptcy without a Chapter11 bankruptcy attorney./p
pBusiness owners usually act as their own trustee in a situation termed debtor in possession with business assets staying in possession of the business until after the bankruptcy process is completed. One of the major risks for a business is that the bankruptcy court can appoint an outside trustee if conditions such as mismanagement, fraud, or any type of misrepresentation of the companyrsquo;s financial standing are deemed as possibilities. An outside trustee can also be appointed if the businessrsquo; books are so complex that getting a true reading on cash flow, expenses, accounts receivable, and accounts payable proves difficult./p
pThe a title=bankruptcy attorney href=http://www.bankruptcyattorneyincalifornia.com target=_blankChapter 11 bankruptcy/a process starts with a full accounting of income, expenses, assets and liabilities by a trustee of the court. This accounting yields a schedule of the debts which will be paid in full, which ones will be reduced, and which ones will be fully discharged. This plan is then submitted to the court for approval. If the plan meets bankruptcy code standards, the repayment plan is approved by the court and put into motion./p
pStatistically, Chapter 11 bankruptcies have a considerably high rate of failure, with estimates as low as 10% for completion of the process and repayment of debts designated by the court. The main reason for this high failure rate is that businesses are usually not much stronger financially at the end of the bankruptcy process than they were at the beginning. Court mandated payments only add to that financial duress. The embedding of court trustees can also act as an inconvenience at best and a severe impediment at worst. For these reasons, working with an experienced Chapter 11 bankruptcy attorney is critical to getting your business back on solid financial footing. For a free consultation call 888-901-3440 or visit our site at a title=bankruptcy attorney href=http://www.bankruptcyattorneyincalifornia.com target=_blankhttp://www.bankruptcyattorneyincalifornia.com/a/p

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