Category Archives: Chapter 11 Bankruptcy
What Is the Difference Between Chapter 7 and Chapter 11 Bankruptcy for Florida Businesses?
For distressed businesses, Chapter 7 and Chapter 11 are very different options that achieve very different goals. If you think bankruptcy might be your business’s best option, consult an experienced Miami business bankruptcy attorney who can help you make an informed, strategic decision about how to move forward. Filing for bankruptcy can be a… Read More »
Business Debt Restructuring: Regaining Financial Stability Without Filing for Bankruptcy
While filing for bankruptcy is an option for financially struggling businesses, it isn’t necessarily the only—or best—option. In many cases, it’s more advantageous for struggling businesses to restructure their debts outside the formal bankruptcy process. Learn about some key considerations from an experienced Miami bankruptcy lawyer at Edelboim Lieberman. Many businesses struggle for many… Read More »
What Are the Pros and Cons of a Small Business Bankruptcy Under Subchapter V?
For qualifying small businesses, filing for bankruptcy under Subchapter V can offer several advantages over a traditional Chapter 11 reorganization. But potential drawbacks exist, and business owners should weigh all options before deciding how to proceed. An experienced Miami bankruptcy lawyer can help with making an informed decision. Subchapter V of the U.S. Bankruptcy… Read More »
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 »