Category Archives: Chapter 11 Bankruptcy
2024 Year in Review: Key Insights for South Florida Business Owners Considering Bankruptcy in 2025
In 2024, we published several articles on our blog focused specifically on providing information to business owners and executives who are considering a corporate bankruptcy. Here is a look back at some of the key insights our Miami bankruptcy litigation attorneys shared during the year: Understanding the Basics of a Small Business Bankruptcy Under… Read More »
Filing a Proof of Claim in a Chapter 11 Bankruptcy: A Critical Step for Protecting Creditors’ Rights
When a business files for bankruptcy under Chapter 11 in South Florida, it is up to the business’s creditors to protect their right to payment. If a creditor does nothing, it can lose its ability to participate in the bankruptcy process—and it can potentially lose its ability to collect any of the amounts it… Read More »
First Day Motions in Chapter 11 Bankruptcies: How Businesses Can (and Should) Use Them to Their Advantage
When seeking to reorganize their debts under Chapter 11, businesses can leverage several aspects of the bankruptcy process to their advantage. This includes using so-called “first day motions” to seek approvals and protections prior to an unsecured creditors’ committee being formed. While unsecured creditors may ultimately be able to challenge these approvals and protections… Read More »
What Unsecured Creditors Need to Know About Chapter 11 Bankruptcies
While unsecured creditors’ rights are limited in Chapter 11 bankruptcy proceedings, these creditors still can—and should—take action to protect their claims to the fullest extent possible. Although secured creditors will generally have superior rights, there are a variety of steps that unsecured creditors can potentially take to ensure that they receive at least partial… Read More »
My Company Received a Notice of Bankruptcy. What Should I Do?
If your company has received a Notice of Bankruptcy, this means that one of your clients or customers (or an affiliated entity) is seeking relief from its debt obligations in the U.S. Bankruptcy Court. If its efforts are successful, this could mean that your company will no longer be able to collect the monies… Read More »
What Documents Are Needed for a Chapter 11 Business Bankruptcy in Florida?
Filing for bankruptcy under Chapter 11 is a document-intensive process. Companies contemplating bankruptcy need to gather several forms of documentation to prepare, and, to start the process, they must file a variety of forms and supporting documentation with the bankruptcy court. As a result, careful planning is essential, and company executives should work closely… Read More »
When Should a Company File Bankrupt?
On this blog we cover a lot of topics related to business bankruptcies. In the past year alone, we’ve covered topics ranging from the debtor-in-possession rules and bankruptcy “cramdowns” to considerations for restoring companies’ financial standing post-bankruptcy. But, one topic we haven’t really covered is: When should financially distressed companies start the bankruptcy process?… Read More »
Restoring a Company’s Financial Standing Post-Chapter 11 Bankruptcy
The purpose of going through a Chapter 11 bankruptcy is to get a company back on solid financial ground. Rather than liquidating the company’s assets (as in a Chapter 7 bankruptcy), the focus of a Chapter 11 bankruptcy is on reorganizing the company’s debts so that it can remain viable well into the future…. Read More »
Debtor-in-Possession Financing and Chapter 11: What Florida Business Owners Need to Know
Filing for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code provides a way for companies to reorganize their debts and overcome short-term financial strain. But, for some businesses, the Chapter 11 bankruptcy process itself can prove prohibitively expensive. While this is less common today due to the enactment of Subchapter V (which provides… Read More »
Small Business Bankruptcy: What You Want to Know But Don’t Want to Ask
As a small business owner, it can be difficult to ask questions about filing for bankruptcy. In some cases, you might not know what to ask. In others, you might feel uncomfortable showing how little you know about the process. Of course, you aren’t a Miami bankruptcy litigation attorney, so being unfamiliar with the… Read More »