Ganje Law Office

Archive for the ‘Business Bankruptcy Alternatives’ Category

Bankruptcy Lawyers, Filing for Bankruptcy, Chapter 7 Bankruptcy, Corporate Bankruptcy, Personal Bankruptcy

If you had an issue with a water leak, you’d call a plumber. If you needed construction work done, you’d consult a contractor. Dealing with bankruptcy should be no different: business owners need the expert help of bankruptcy lawyers. Filing a bankruptcy is not easy and merits seeking help from legal counsel with experience in this area.

We are living in tough economic times and the current economic climate is a difficult storm for a small business to weather. If you are facing financial challenges with a lack of liquidity of assets or less profit than you anticipated, the dreaded idea of filing for bankruptcy may have come up. Filing chapter 7 bankruptcy, or liquidating your business to pay off creditors, is certainly not a proceeding to enter into lightly and should always be done under the advisement of an experienced chapter 7 bankruptcy lawyer. Many businesses find that consultations with expert bankruptcy lawyers can lead to discovering alternatives to bankruptcy, or at the very least help to recover the maximum possible assets from the bankruptcy proceedings.

If you have recently asked yourself or your business associates any permutation of the question “Should I file bankruptcy?”, then you need to at least have an initial consultation with an attorney. When selecting a lawyer, you should seek counsel from one who specializes in proceedings like chapter 7 bankruptcy, not a personal bankruptcy lawyer unless they specialize in both personal and corporate bankruptcy. It may seem counterintuitive to hire a lawyer when you are facing financial troubles, but due to the complex nature of the laws surrounding bankruptcy and bankruptcy alternatives, it is prudent to seek expert counsel. You might be surprised to find out that investors and creditors typically support the decision to seek legal help and explore bankruptcy alternatives. From their perspective, finding the best possible solution that results in either the business being able to continue and hopefully return to profitability or recovering the maximum assets from the loss is in their best interest as well as yours. If your business is in crisis do not delay in finding a bankruptcy lawyer in your area to help explore your options.

Bankruptcy lawyers are like doctors for your small business: if the financial heart of your business is having trouble, you need to contact one without delay. Do not wait until you are out of options for the financial troubles your business is in–that won’t help you or your creditors.

Bankruptcy comes complete with so much jargon and confusion that working with bankruptcy lawyers is the logical step for a business in trouble to take. From figuring out what Chapter 7, Chapter 11, and Chapter 13 mean and whether they are options for your business to discussing whether financial restructuring or a turnaround would be viable options for your business, qualified bankruptcy attorneys can provide you with the information you need to make educated decisions about your company’s future. It is a common mistake that businesses make to wait and see if their financial situation will just get better… Often the best way to avoid filing a bankruptcy is to contact a bankruptcy lawyer at the first sign of
trouble. Consulting with a bankruptcy lawyer early on means that you may be able to find a solution that will keep your business open and working towards profitability though restructuring or Chapter 11 bankruptcy filing, rather than having to liquidate everything. Many businesses that consult with a lawyer early on about bankruptcy protection are able to avoid corporate bankruptcy proceedings; however, acting early is imperative in attempting to save a business.

Avoiding specialized personal bankruptcy lawyers and seeking to consult with a firm that specializes in corporate bankruptcy gives your business access to a wealth of experience and knowledge of complex legal options. Lawyers experienced in corporation bankruptcy are able to identify issues like if your business qualifies for Chapter 12 bankruptcy (for family farms or fisheries), or Chapter 13 (for sole proprietor small businesses). Not only can a corporate bankruptcy lawyer discuss these options with you, they are pros at dealing with the massive amount of paperwork necessary for the business restructuring or bankruptcy process. It is essential that all of the forms and a paperwork surrounding a turnaround or bankruptcy is done thoroughly and accurately and an experienced lawyer is the person to help! Contact bankruptcy lawyers in your local area and find the help you need without delay–waiting will only exacerbate the financial strain you are under.

Do money woes mean your company has to file for bankruptcy? Not necessarily: corporate bankruptcy and a business workout are generally both options that can help your business resolve your insolvency issues.

Debating a bankruptcy filing can be one of the hardest decisions a business owner will ever make. With mounting debts, it can be hard to see how your company will ever overcome its financial woes. But there are almost always at least two options when your company is bordering on insolvency: corporate bankruptcy and a business workout.

Business Workouts

This bankruptcy prevention strategy can help you settle with creditors outside of the courtroom. These non-bankruptcy solutions involve working with your creditors to resolve your debts and enable the business to continue in operation. Including options to renegotiate and reorganize debt, business workouts can help your business regain liquidity without a costly, drawn-out bankruptcy filing.

If you’re wondering why creditors would be willing to renegotiate debt, the answer is simple: money. Bankruptcy proceedings ensure that many of your creditors get some repayment of the debt owed, but most creditors generally take a major hit. With a workout, they’ll likely receive payment on a greater portion of your debt. So instead of being unenthusiastic about renegotiating your company’s debts, your creditors are likely to be eager to participate in debt restructuring. It’s their best bet for having their debts fully satisfied!

Corporate Bankruptcy

However, if your creditors refuse to compromise and your debts have become completely unmanageable, corporate bankruptcy may be your only option. Depending on the organization and structure of your business, there are several options available for business bankruptcy. Filing a Chapter 7 bankruptcy results in the liquidation of your company, selling off assets to satisfy your debts. Filing a Chapter 11 bankruptcy involves restructuring your business to regain profitability and settle with creditors. Some assets may be sold off during this process, but the company will not be liquidated. To determine the most appropriate type of bankruptcy filing for your business and your particular financial situation, you’ll want to consult an experienced bankruptcy attorney. Keep in mind that for small business owners, a business bankruptcy will affect your personal finances, so it’s best to avoid it if at all possible.

With debts piling up, it can be hard to know if or when to file for bankruptcy protection—that’s why you need to call Ganje Law now. We can offer you expert advice on what’s right for your business, so don’t wait! Contact us today.

If you’re considering bankruptcy for your business, you’re sure to have tons of questions. That’s why we’ve compiled answers to the most frequently asked queries about business bankruptcy to help you make informed decisions!

The world of corporate bankruptcy law can be complex and intimidating. Don’t let confusion get in the way of making the best decisions for your company: read on to get answers to the most commonly asked corporate bankruptcy questions.

Q. What is bankruptcy?

A. When a business has financial liabilities that exceed their assets or is unable to meet financial obligations, that company is insolvent—unable to pay their creditors, the company must come to an agreement with their creditors regarding payment or file for bankruptcy protection. This judicial solution gives the courts the power to settle the company’s debts.

Bankruptcy proceedings can be initiated by the debtor or by the creditor (called an involuntary bankruptcy). Filing a bankruptcy petition affects all of your creditors including:

• Secured creditors (those with a lien on your property)
• Unsecured creditors (vendors, credit card companies and others without a security interest in your property
• Judgment creditors (creditors who have sued and obtained a judgment against the debtor prior to the bankruptcy filing)
• Creditors with super priority claims (those with priority over other creditors because of special rules within the bankruptcy)
• Creditors with administrative claims (creditors such as accountants or lawyers with priority because of their assistance in the bankruptcy filing)

Q. What does filing for bankruptcy mean for my business?

A. Filing a bankruptcy petition simply starts a legal proceeding, with no guarantees regarding the outcome. That is to say, the debtor will present evidence of its insolvency, but there is no guarantee that the court will declare them bankrupt. This statutory process gives creditors and other parties the opportunity to challenge the debtor’s allegations and object to the relief being sought by the debtor.

Filing for bankruptcy does immediately put into effect an “automatic stay,” an injunction that stops creditors from trying to collect their debts until the bankruptcy court rules. This stay is issued against all creditors upon filing a bankruptcy petition. The automatic stay is designed to give debtors temporary relief from their financial obligations, giving them the breathing room to figure out how to deal with their debts.

If the courts declare your company bankrupt, then a settlement will be worked out with your creditors to satisfy all or part of your debts. Depending on the bankruptcy chapter you filed under, different rules apply.

Q. What is a business workout?

A. A business workout is a non-judicial resolution of your company’s financial obligations. Business workouts are settlements between a company and its creditors that satisfy the businesses’ debts, enabling it to continue operation. Also known as bankruptcy prevention, these arrangements are made outside of the court system.

While it may be surprising that creditors are willing to participate in business workouts, they’re more likely to receive greater compensation for their debts if your company does not file for bankruptcy. Using an alternative to corporate bankruptcy proceedings benefits creditors as well as the debtor, because some, or even most, of the debt will not be repaid under a bankruptcy proceeding. Secured debt, unsecured debt, and tax debts can all be resolved as a part of a workout.

In today’s economy, more and more business owners are facing the prospect of bankruptcy. If your company is struggling financially, there’s a lot you need to know before filing for bankruptcy.

Financial difficulties can make running your business next to impossible—if you’re facing the prospect of filing for bankruptcy protection, there’s a lot you need to know!

Bankruptcy May Not Be Your Only Option

Even when debts are piling up and creditors are harassing you and it seem like there’s no end in sight for your money woes, corporate bankruptcy may not be your only option. There are non-judicial solutions, including workouts and turnarounds, that can be used to satisfy your business debts without declaring bankruptcy. These bankruptcy prevention strategies may be right for your company, so contact your local bankruptcy attorney for specific advice about your particular situation.

You Need a Bankruptcy Lawyer

Filing for bankruptcy without an attorney may seem like a great way to save money, but this plan is likely to backfire in the long run. Keep in mind that your bankruptcy lawyer is a professional with years of experience dealing with the complexities of bankruptcy law. As an expert, he or she has the knowledge and expertise you can rely on to successfully guide you through the bankruptcy proceedings. While it may feel like you’re all alone when your company is in dire financial straits, hiring a corporate bankruptcy attorney means you’ll have a pro on your side! Whether it’s helping you develop a viable alternative to bankruptcy or arguing your case in the courtroom, your business bankruptcy lawyer will be an invaluable asset to your company.

Bankruptcy Should Be a Last Resort

At first glance, bankruptcy may sound like a great idea if your company has financial problems: freeing you from unmanageable debt, bankruptcy protection does have a glimmer of allure. But bankruptcy should not be entered into lightly! In the case of filing a Chapter 7 bankruptcy, your company will be liquidated to satisfy your creditors, eliminating the business you worked so hard to build. Even with bankruptcy filings that don’t dissolve your company, you’ll be saddled with the social stigma of the bankruptcy, creating complications down the road. Bankruptcy can be a resolution for your insolvency issues, but be sure it’s your only option. Your bankruptcy attorney can provide specific advice and guidance, so contact them today

Bankruptcy is a term we hear all the time but don’t necessarily understand. We’ve put together a brief overview of business bankruptcy in the US to help you understand the meaning and consequences of corporate bankruptcy in today’s down market.

With today’s tough economic situation, we’ve been hearing more and more about business bankruptcies in the news. But what exactly is bankruptcy and what does it mean when a business says it’s filing for bankruptcy.

Bankruptcy is a legal filing that enables struggling businesses to resolve issues of insolvency. Generally caused by a lack of cash flow, filing a bankruptcy can be initiated by the business or by its creditors (called an involuntary bankruptcy). Once a bankruptcy case has been filed, the judicial system works to create a fair settlement between the business debtor and its creditors.

Most business bankruptcies fall into one of four categories, or types of filing:

• Chapter 7: Bankruptcy Liquidation—This type of bankruptcy dissolves the company, selling off its assets to pay all or part of its debts. Chapter 7 bankruptcy protection is generally utilized by companies with irresolvable cash flow or financial problems and by small, sole proprietorship businesses.
• Chapter 11: Bankruptcy Reorganization—This type of bankruptcy takes the corporation through a period of structural and financial reorganization with the goal of regaining profitability. Operations are typically streamlined to reduce costs, some assets can be sold off to satisfy creditors, and other changes are all options with this type of corporate bankruptcy. Chapter 11 bankruptcy filings are generally used by large and medium-sized corporations.
• Chapter 12 Bankruptcy: Bankruptcy for Family Farmers and Fishers—this specialized form of business bankruptcy is designed for family farming and fishing operations, and is used with less frequency than Chapter 7 and Chapter 11 bankruptcy.
• Chapter 13: Wage-Earner Bankruptcy—Frequently used in personal bankruptcy filings, this type of bankruptcy can also be used by sol proprietorship companies. Enabling them to repay debts over a set time period (usually three to five years), Chapter 13 bankruptcy allows the business owner to retain their assets.

If you’re considering filing for corporate bankruptcy, give us a call before making any final decisions. We can provide you with expert advice regarding the future of your company.

Bankruptcy Lawyers Make Corporate Bankruptcy Easier and Less Stressful

Why should you turn to a bankruptcy lawyer when your business is in trouble? Because these professionals can make the process of filing a corporate bankruptcy easier! Contact your local bankruptcy attorney today.

For many companies facing financial difficulties, the first question that comes up is, “Why should I use a bankruptcy attorney?” Oftentimes the issue is rooted in money concerns, with small business owners wondering if they can afford to hire a bankruptcy attorney. But when it comes to corporate bankruptcy, the better question is can you afford not to hire a bankruptcy lawyer?

To start with, a bankruptcy attorney is a professional in the industry. That means he or she has years of experience dealing with situations like yours. While it may feel like you’re all alone, when you hire a skilled corporate bankruptcy attorney, you suddenly have a professional batting for you. Not only can this expert best argue your side in a courtroom, he or she may also be able to find a bankruptcy prevention solution.

In many cases, it’s easy for business owners to simply become overwhelmed by their financial obligations and debts, and assume that filing for bankruptcy is the only option. However, there are sometimes better alternatives, including financial workouts and debt restructuring. Even if you’ve given up all hope, your bankruptcy attorney may be able to identify an alternative to bankruptcy protection and work with your debtors to resolve your money problems out of court.

Finally, hiring a bankruptcy attorney allows you to focus on rehabilitating your business while he or she deals with resolving your company’s debt issues. From stopping the harassing phone calls from creditors to working on debt restructuring or bankruptcy negotiations, your bankruptcy lawyer can handle all aspects of your debt resolution while you handle the day-to-day operations of your business. Let your bankruptcy lawyer handle the legal stuff while you do what you do best—run your business.

If it does come down to bankruptcy in the end, your lawyer can provide endless help on technical issues such as filing a Chapter 7 bankruptcy versus a Chapter 11 bankruptcy as well as handling the paperwork and negotiations. So no matter how your corporate bankruptcy turns out, a bankruptcy attorney will prove invaluable during the process. Contact us today for additional information.

Corporate Bankruptcy Filing: What are the next steps?

The word “bankruptcy” gets tossed around a lot… But what does it actually mean and what happens after your company files a bankruptcy. In layman’s terms, bankruptcy is when your company has financial obligations and liabilities that exceed your assets, making you unable to pay your bills as they come due. Filing for bankruptcy is a judicial solution for the debtor—your company—to seek relief from your creditors. The courts will determine if you are unable to satisfy your debts and, if so, attempt to determine a fair way to satisfy your creditors.

Filing for bankruptcy is similar to any other lawsuit: a bankruptcy petition simply starts the process, without guaranteeing any outcome or resolution. However, unlike other legal proceedings, a bankruptcy filing immediately generates an automatic stay, also known as bankruptcy protection. This injunction stops creditors from taking additional action to attempt to collect on their debts until the bankruptcy case is resolved. This stay essentially gives your business temporary relief and time to develop a plan for debt resolution.

As your bankruptcy case proceeds, different creditors will be treated differently, but if or when the court declares your company bankrupt, the court will attempt to satisfy your financial obligations in an equitable and appropriate way.

Of course, just as every company is unique, every bankruptcy filing is different. Depending on the financial obligations, assets, and even structure of your business, your bankruptcy proceeding will unfold differently. Perhaps the most important question is whether to file a Chapter 7 bankruptcy or proceed with a Chapter 11 bankruptcy filing. Chapter 7  dissolves your business, liquefying assets to satisfy creditors. Chapter 11 involves reorganizing the business to regain solvency and profitability.

If you’re considering filing a business bankruptcy, now is the time to consult a professional bankruptcy lawyer like David Ganje. We can help determine the right course of action for your particular company, helping your business achieve the best outcome given the circumstances. There may be non-bankruptcy options available for resolving your business debts so call today!