Category Archives: Chapter 11 Bankruptcy
How Can (and Should) Business Owners Streamline the Bankruptcy Process?
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 »
End-of-Year Bankruptcy Considerations for Small Business Owners
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 »
Understanding Your Options When a Customer or Client Files for Bankruptcy Protection
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 »
When Is It Time to Consider a Business Bankruptcy?
While filing for bankruptcy under Chapter 11 can provide much-needed financial relief to struggling businesses, a bankruptcy filing isn’t the right choice in all scenarios. Among many other factors, timing is a key consideration, and business owners and executives must ensure that when they decide to pursue bankruptcy (if they decide to pursue bankruptcy),… Read More »
When Should Businesses Consider Bankruptcy as an Alternative to Litigation (or Arbitration)?
Media outlets will occasionally pick up stories of companies filing for bankruptcy in order to avoid litigation. Usually, these companies are portrayed as bad actors that are taking advantage of the bankruptcy process to avoid liability for their misdeeds. But, when the U.S. Bankruptcy Code allows a company to file, there is nothing wrong… Read More »
A Closer Look at Some of the Benefits (and Limitations) of a Chapter 11 Business Bankruptcy
Filing for bankruptcy under Chapter 11 allows companies to reorganize their debts so that they can sustainably manage their financial obligations on an ongoing basis. For struggling companies, filing under Chapter 11 can save them from going under, and it can also help ensure that their financial strain does not have a negative impact… Read More »
Business Bankruptcy: Options and Alternatives for Companies in Financial Distress
For companies in financial distress, pursuing a business bankruptcy can provide a favorable path forward. Liquidation and reorganization bankruptcies both offer a path toward a fresh start—whether this involves shutting down and starting over or remaining in business with a manageable debt load. But, when considering a business bankruptcy, it is important that business… Read More »
Proving a Fraudulent Conveyance in a Business Bankruptcy Case
When a business files for bankruptcy, its creditors have the right to protect their interests by seeking payment through the bankruptcy estate. Under the U.S. Bankruptcy Code, businesses that file for bankruptcy must fully disclose their assets that properly belong in the estate, and they may not transfer assets prior to (or during) the… Read More »
Subchapter 5 Bankruptcy: Understanding the Benefits for Small Businesses
The federal Small Business Reorganization Act (SMRA) established streamlined procedures for eligible small businesses seeking protection under Chapter 11 of the U.S. Bankruptcy Code. These procedures exist under the new Subchapter 5, and filing for bankruptcy under Subchapter 5 offers several benefits to small businesses that qualify. Here, a Miami Chapter 11 bankruptcy lawyer… Read More »
When Can Creditors Assert Preference Claims in Business Bankruptcy Cases?
During business bankruptcy proceedings, it is important that creditors protect their rights by all means available. While this will involve asserting defenses to discharge in some cases, these defenses won’t always be available. When creditors cannot protect their claims entirely, they must focus their efforts on ensuring that they are able to collect as… Read More »