Reorganize Your Business Debt in Orange County
Typically used by corporations or partnerships, Chapter 11 bankruptcy exists to help businesses and individuals reorganize and consolidate their debt. It may be used by individuals as well. See Toibb v. Radloff, 501 U.S. 157 (1991). By filing a Chapter 11 petition, the debtor is able to continue the operation of its business under the shelter of the automatic stay. The debtor can preserve its profitable activities and assets while it negotiates with creditors and develops a strategy for the satisfaction of debts and the revitalization of its failing enterprise. If the negotiations are successful, the debtors crafts a plan of reorganization for its rehabilitation.
The debtor will propose a reorganization plan that will allow them to maintain control of their company and resist liquidation. This contrasts with Chapter 7, where owners lose control of their companies and liquidation occurs.
Our Chapter 11 Lawyer
Financial Relief Law Center, APC can help if your business in Orange County seeks debt reorganization through Chapter 11. Although this may be the most complex bankruptcy to undergo, our attorneys are experienced in handling Chapter 11 cases and helping business owners and individuals develop a plan that can keep the door to better possibilities open. If you need a Chapter 11 lawyer in Orange County to help you secure a chance at improving your financial situation by filing for a debt reorganization bankruptcy, reach out to us today for assistance.
Regain control of your finances with the support of our experienced Chapter 11 bankruptcy lawyers in Irvine, CA. Whether you're a business or an individual burdened by significant debt, we will navigate the reorganization process and create a customized repayment plan to safeguard your assets. We strive to restore your financial stability with our proficiency in debt negotiation and restructuring. Don't face bankruptcy on your own. Reach out to our Irvine-based Chapter 11 bankruptcy lawyers today for a consultation and obtain the strategic assistance required to embark on a fresh financial journey.
Contact Financial Relief Law Center, APC via online form or by calling (949) 570-5466. We can arrange a free initial consultation to help you understand how our services can meet your company’s needs.
“I went to the financial law center in July 2018, I met with Darren DiMarco initially, then I met with Andy Warshaw. This law center helped me tremendously when I had nowhere else to turn!”Timothy W.
How Does Chapter 11 Work?
This type of bankruptcy won’t clear your debt, but it makes paying it off more manageable. This is done by proposing a debt repayment plan that demonstrates how your creditor will be repaid over time, amounting to a sum less than the total of what’s owed. This works because a creditor may be more inclined to accept some of the money they’re owed over the uncertainty of seeing any of it repaid. In some situations, a creditor may agree to accept less than the value of debt as payment but only if it can be immediately repaid.
There is no limit to how much debt you can owe to file for Chapter 11, which is why it’s commonly filed by businesses of all kinds or individuals with debt exceeding Chapter 13 limits (about $420,000 in unsecured debt and roughly $1.26 million in secured debt).
A Repayment Plan is Key
If you intend to file for Chapter 11 in Orange County, you will need to propose a debt repayment plan. This is no small task as you are likely dealing with substantial sums of money that your creditors will have a keen interest in reclaiming. You should only work with an experienced Chapter 11 attorney who has helped clients like you develop successful repayment plans.
Such a plan must demonstrate that it is:
- Feasible to pay creditors while covering other expenses with a sufficient revenue stream.
- A good-faith preparation within all applicable laws.
- Accounting for the best interests of the creditors, which may require proof that the creditor will receive at least as much in the debtor’s repayment plan as they would if Chapter 7 liquidation occurred.
- Fair and equitable
Any plan will bind the debtor and creditor to its terms. These may include payments at regular intervals by promising a portion of future profits, liquidation of assets, downsizing, and ever a merger or recapitalization.
Creditors, shareholders, and other stakeholders can voice their support or opposition to portions of a repayment plan or the entire document. Ultimately, however, the decision of whether or not to approve a plan will lay with a bankruptcy judge.
How Does Chapter 11 Bankruptcy Differ From Other Types of Bankruptcy
Chapter 11 bankruptcy differs from other types in the following ways:
- It's available to businesses and individuals with substantial debts
- It focuses on reorganizing finances to allow ongoing operations and gradual repayment
- Debtors retain control as a debtor-in-possession
- A repayment plan is created, modifying debts and potentially selling assets
- It offers more flexibility for negotiation, financing, and strategic decisions
- It's complex, involving reporting, court approvals, and creditor/stakeholder involvement.
- Chapter 11 enables restructuring while maintaining operations and control, but complexity and costs are typically higher than other bankruptcies.
We Can Help You Succeed in Chapter 11
Because this type of bankruptcy is generally considered to be the most complex, you will need a capable Chapter 11 attorney to move you through the process and help you create a repayment plan. Financial Relief Law Center, APC’s attorneys have worked hard for businesses like yours in Orange County to make finding debt relief possible.
- Chapter 11: Guidelines for a Debtor-in-Possession
- The New Value Exception to the Absolute Priority Rule in Chapter 11 Cases
Contact us online to get a free consultation with an attorney who can tell you more about your options in Chapter 11. We have served business and individuals in Orange County for years.
As attorneys who routinely support consumers in potentially dire financial straits, we are empathetic and compassionate about what these problems mean to our clients. More importantly, we’ve grown to understand how important it is that we only deliver our best possible work so our clients’ chances of getting the best possible outcome are secured.
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