Important Information about Bankruptcy
Provided by Attorney Desiree de Moya, in Rockland County, New York
If you are considering filing for bankruptcy as a way to get a fresh financial start, you may have many unanswered questions about the law, the process, and your rights in a bankruptcy proceeding. The information below is designed to answer those basic questions.
At de Moya & Associates, P.C., I have assisted individuals in bankruptcy proceedings for over 16 years. The hallmark of my practice is my commitment to provide personal and professional services to every client. My goal is to become your "family lawyer," the attorney call for all legal advice. Because of my reputation for personal service and attention, over 90% of my clients are referrals from existing and former clients.
To learn more about my bankruptcy practice, see my Chapter 7 or Chapter 13 bankruptcy page. For a free initial consultation in a bankruptcy matter, contact my office online or call me at 845-521-7792.
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Experienced personal bankruptcy attorney in Rockland County, New York. At the law office of de Moya & Associates, P.C., I have handled Chapter 7 and Chapter 13 bankruptcy filings since 1993. I handle all matters related to your bankruptcy case, analyzing your financial situation, rendering advice, preparing and filing the necessary documentation to complete the process and acting as your advocate at meetings with creditors, the trustee and court hearings. Contact my office for a free initial consultation.
Contact the law office of de Moya & Associates, P.C., in Rockland County, New York. I have built my practice on a commitment to provide personal and professional service to every client. Over 90% of my clients are referred by existing and former clients.
Commercial Bankruptcy
Like a consumer, a business sometimes finds itself in the uncomfortable position of being unable to pay its debts. One solution is to file for bankruptcy, a legal process in federal bankruptcy court that releases the business from the obligation to pay all or some of its debts. The experienced lawyers at de Moya & Associates, P.C. in Rockland County, New York advise business owners about whether bankruptcy is right for them.
Bankruptcy Choices for Small Businesses
Businesses must choose among alternative types of bankruptcies, each of which corresponds to a different chapter of the federal Bankruptcy Code. Businesses usually choose either Chapter 7 or Chapter 11, or occasionally Chapter 13. Sometimes businesses can be involuntary drawn into bankruptcy by their creditors, who face stiff financial penalties if they initiate an involuntary bankruptcy for invalid reasons.
Chapter 7
Chapter 7 bankruptcies are called "liquidation bankruptcies." Chapter 7 is usually employed by consumer debtors, but can also be used by businesses that want to liquidate their assets to be relieved of debt. A Chapter 7 bankruptcy is commenced when the business files a petition with the bankruptcy court. The court then orders an automatic stay of all collection action against the business and its property. A court-appointed trustee manages the details of the bankruptcy, selling business assets to satisfy business debt, to the extent possible. At the conclusion of the proceeding, remaining debts of the business are not discharged as with an individual debtor, but generally the business ceases to exist because its assets are gone and it is no longer a profitable concern.
Chapter 11
In Chapter 11 bankruptcies, which are usually filed by businesses and rarely by individuals, the commercial debtor is usually allowed to stay in business throughout the bankruptcy proceedings. A business debtor may only operate independently in its ordinary course; transactions outside the ordinary course of business require court approval.
A Chapter 11 proceeding, like one under Chapter 7, is initiated by filing a petition, but a trustee is not automatically appointed. Although the bankruptcy judge may decide to appoint a trustee in a Chapter 11 case, it is the exception rather than the rule. As in Chapter 7, the filing of the bankruptcy petition stops creditors from attempting to collect their debts.
The debtor has time to file a proposed plan of reorganization. The plan of reorganization sets forth in detail how the debtor intends to conduct its business, while continuing to make payments to its creditors. In some situations, creditors may instead or also propose plans of reorganization. Creditors are divided into classes with varying rights depending upon the types of debt they hold. The approval process involves negotiation and input from creditors. Ultimately, a plan must be approved by the court. In some cases, the court approves the plan even though some of the creditors did not. If no plan is approved, however, the bankruptcy is often converted to a Chapter 7 liquidation or may be dismissed.
The choice between Chapter 7 and Chapter 11 is not necessarily permanent; once proceedings have begun, a case may be converted to a different chapter, under certain circumstances.
Conclusion
Bankruptcy may not be the best option for every business, but sometimes it is the best choice a business owner can make. Alternatives to bankruptcy include working informally with creditors toward a repayment plan or assigning assets for the benefit of creditors. A lawyer experienced in bankruptcy law, like those at de Moya & Associates, P.C. in Rockland County, New York, can help a business decide whether bankruptcy best meets its needs.
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