Category Archives: Chapter 11 Bankruptcy
Creditors’ Rights: Mistakes to Avoid When Preparing a Proof of Claim
When a customer files for bankruptcy, filing a proof of claim can be a critical step for protecting creditors’ rights going forward. Creditors must ensure that they file their proof of claim forms properly, as failing to do so can result in the loss of available protections. With this in mind, it is best… Read More »
Filing for Chapter 11 as a Startup: Key Considerations for Growing Companies
Startups in financial distress may have several options for maintaining their viability. One potential option is to reorganize their debts through a Chapter 11 bankruptcy. If you run a growing business in South Florida that is struggling financially, an experienced Miami business bankruptcy lawyer can help you make informed decisions about how best to… Read More »
Preparing for Success in a Chapter 11 Bankruptcy
Preparing for success in a Chapter 11 bankruptcy starts with making informed decisions. By developing and executing a plan with a specific outcome in mind, businesses that need to reorganize their debts can make the process as efficient as possible while also setting themselves up for success going forward. An experienced Miami Chapter 11… Read More »
Renegotiating and Restructuring During the Chapter 11 Process
Businesses that have filed for bankruptcy under Chapter 11 can leverage the process to renegotiate and restructure their debts informally in many cases. This can often substantially shorten the timeline and reduce costs. However, businesses must be careful to avoid entering into agreements that unduly impair other creditors’ rights. This is one of many… Read More »
The Lifecycle of a Chapter 11 Bankruptcy Case
Reorganizing a business’s debts under Chapter 11 is a multi-stage process that requires an informed and strategic approach. The process starts with pre-petition planning and decision-making, and it ends with approval of the business’s reorganization plan. But there are several key steps along the way, and navigating the process successfully requires the advice and… Read More »
Understanding “Section 363 Sales” in Chapter 11 Bankruptcies
As a general rule, companies that are seeking to reorganize their debts under Chapter 11 must continue to operate in the ordinary course of business. Among other things, this means that they generally cannot sell assets that they would not otherwise sell. However, Section 363 of the U.S. Bankruptcy Code provides a key exception,… Read More »
Landlord-Tenant Issues in Business Bankruptcies in South Florida
When a commercial landlord or tenant files for bankruptcy, both parties need to be careful to protect their rights during the bankruptcy process. While protections are afforded to both parties in this scenario, landlords and tenants must be equally proactive in leveraging those protections. In South Florida, engaging an experienced Miami business bankruptcy attorney… Read More »
Rejecting Executory Contracts in a Chapter 11 Bankruptcy: Key Legal and Practical Considerations
While the primary focus of the Chapter 11 bankruptcy process is restructuring a company’s debts so that it can meet its payment obligations on an ongoing basis, companies also have the ability to reject certain contracts during the process. Rejecting executory contracts can relieve companies of their ongoing payment obligations—and help preserve their financial… Read More »
When Is (and Isn’t) Debtor-in-Possession Financing a Good Option?
For companies with more debt than they can afford, reorganizing through the Chapter 11 bankruptcy process can help them regain financial stability and build toward a profitable future. When necessary, debtor-in-possession (DIP) financing can serve as a financial bridge between a company’s pre-bankruptcy financial struggles and the end of the reorganization process. So, when… Read More »
Subchapter V vs. Chapter 11: Which Option Should Small Businesses Choose?
Most businesses that need to reorganize their debts to regain financial stability have two primary options: file under Subchapter V or Chapter 11. While Subchapter V has been part of the U.S. Bankruptcy Code since 2019, it remains relatively unknown. However, filing under Subchapter V will be the best option for many qualifying businesses,… Read More »