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BANKRUPTCY PROCESS Chapter 11 is a reorganization bankruptcy that is typically used by corporations to restructure their debt or liquidate their assets. Individuals are eligible for Chapter Eleven although Chapters Thirteen and Seven are much more frequently used by them to accomplish their objectives within Bankruptcy. Chapter 11 is significantly more expensive and time consuming for the Debtor. For instance, attorney fee retainers can start at about five thousand to ten thousand dollars for very small cases, plus the $830 filing fee.
A Chapter Eleven may have many benefits. Among them:
Basically, in many Chapter Elevens the legal issues are very complex.
A business may not be able to use receivables and current cash
reserves to continue running the business without permission from
the Court or Creditor involved. Since voting is required to confirm
most plans, complex rules exist regarding formation of "classes"
to try and achieve a successful confirmation vote. Many Chapter
Eleven plans have to overcome objections by the United States
Trustee of feasibility, since all plans have to make financial
sense given past business troubles.
Rather than try to cover more of the many issues in this brief
space, I recommend that if you have further questions to call
me and discuss the particulars of your situation. I am always
happy to help.
The above information is provided as general information only and not intended to suffice as legal advice upon which you can rely for your particular situation. In the event that you have specific questions you are advised to contact Mr. Noyes. |
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(coding and design).