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Category Archives: Chapter 11 Bankruptcy

How Can Debtors Defend Against a Motion for Relief from an Automatic Stay?

By Edelboim Lieberman |

For businesses in financial distress, one of the most immediate benefits of filing for bankruptcy under Chapter 11 is triggering the automatic stay. The automatic stay prevents creditors from seeking to enforce their claims, and it provides debtors the opportunity to work through the bankruptcy process without the risk of being declared in default…. Read More »

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Seeking Relief from the Automatic Stay: Protecting Creditors’ Rights During the Bankruptcy Process

By Edelboim Lieberman |

Customer and client bankruptcies can present significant risks for creditors. Chapter 7 and Chapter 11 of the U.S. Bankruptcy Code both provide opportunities for filers to significantly reduce (if not eliminate) their debt obligations, and Subchapter 5 of Chapter 11 allows small business filers to do so with limited creditor involvement. As a result,… Read More »

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Understanding the Key Terms in a Small Business Bankruptcy

By Edelboim Lieberman |

If you are struggling to keep your small business afloat, filing for bankruptcy could be a smart solution. Through bankruptcy, small businesses can reorganize their debts, reduce their monthly financial obligations and regain the financial standing they need to remain viable. Small business owners have multiple options available, and choosing the best option for… Read More »

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What to Expect During (and After) the Subchapter V Small Business Bankruptcy Process

By Edelboim Lieberman |

Subchapter V bankruptcies allow small businesses to reorganize their debts without facing the additional costs and challenges involved in a traditional Chapter 11 filing. Since Subchapter V was introduced in 2020, it has become an extremely popular tool for businesses that need relief from their current debt loads in order to continue operating as… Read More »

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3 Best Practices for Subchapter V Small Business Bankruptcies

By Edelboim Lieberman |

The Subchapter V bankruptcy process allows small businesses to achieve the benefits of a Chapter 11 filing without many of the costs and drawbacks that have traditionally made Chapter 11 filings unviable for smaller companies. Just like a traditional Chapter 11 filing, the purpose of a Subchapter V filing is to reorganize the company’s… Read More »

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Year In Review: Key Insights on Chapter 11 for Small Business Owners Considering Bankruptcy in 2024

By Edelboim Lieberman |

It’s been a tough year for many small businesses in Florida. From the lingering effects of the COVID-19 pandemic to Hurricane Idalia, various issues negatively impacted small business owners who could do little but face the consequences of factors that were beyond their control. For small businesses that are struggling heading into 2024, it… Read More »

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7 Critical (and All-Too-Common) Mistakes in Small Business Bankruptcy Cases

By Edelboim Lieberman |

Filing for bankruptcy under Chapter 11 can help a small business restore its financial stability. But, this assumes that the business’s owners navigate the bankruptcy process correctly. Mistakes can prove costly, and while a Miami bankruptcy litigation attorney can help business owners avoid many of these mistakes, business owners must do their part to… Read More »

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How Can (and Should) Business Owners Streamline the Bankruptcy Process?

By Edelboim Lieberman |

When seeking to reorganize your company’s debts so that it can continue operating, an informed approach is critical. Not only can mistakes and oversights lead to unnecessary challenges and delays, but in some cases, they can jeopardize the entire bankruptcy process. The more business owners can streamline the process, the fewer unnecessary risks they… Read More »

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End-of-Year Bankruptcy Considerations for Small Business Owners

By Edelboim Lieberman |

It’s been a tough year for many small businesses. From rising interest rates to challenges with hiring and retaining high-performing employees, many small business owners have struggled to find a path to profitability. With the end of the year fast approaching, it is natural for many struggling business owners to start thinking about bankruptcy…. Read More »

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Understanding Your Options When a Customer or Client Files for Bankruptcy Protection

By Edelboim Lieberman |

The U.S. Bankruptcy Code provides substantial protections to companies that file under Chapter 7 and Chapter 11. However, these protections are not absolute, and the Bankruptcy Code recognizes that creditors have a legitimate interest in enforcing their right to payment as well. As a result, when a customer or client files for bankruptcy, its… Read More »

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