Category Archives: Chapter 11 Bankruptcy
10 Key Provisions in Chapter 11 of the U.S. Bankruptcy Code
For many businesses in financial distress, reorganizing their debts through a Chapter 11 bankruptcy is the best path forward. Reorganizing allows businesses to get back on solid financial footing without liquidating their assets—and, with only rare exceptions, business owners can continue to run their companies without interference from a bankruptcy trustee. With that said,… Read More »
Reorganization Plans Under Chapter 11: What Business Owners in Florida Need to Know
When going through a business bankruptcy Under Chapter 11, a key step in the process is securing confirmation of the business’s reorganization plan. While businesses can often eliminate some of their debts through the Chapter 11 bankruptcy process, the primary focus is on developing a reorganization plan that allows the business to pay its… Read More »
Pros and Cons of Chapter 11 Bankruptcy for Companies in Financial Distress
Like most business decisions, choosing to file for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code can have both pros and cons. While hiring a Miami Chapter 11 bankruptcy lawyer can make sense in a wide range of circumstances, it isn’t necessarily the best choice for all companies that are in financial distress…. Read More »
Filing for Chapter 11 Bankruptcy Again: When Does It Make Sense to Pursue a “Chapter 22?”
Filing for bankruptcy under Chapter 11 affords the opportunity for struggling companies to restore their financial stability, rebuild their credit and start looking toward the future. But, there are no guarantees and even companies that emerge from Chapter 11 with what initially looks like a manageable payment plan will often find themselves struggling to… Read More »
How Can Debtors Defend Against a Motion for Relief from an Automatic Stay?
For businesses in financial distress, one of the most immediate benefits of filing for bankruptcy under Chapter 11 is triggering the automatic stay. The automatic stay prevents creditors from seeking to enforce their claims, and it provides debtors the opportunity to work through the bankruptcy process without the risk of being declared in default…. Read More »
Seeking Relief from the Automatic Stay: Protecting Creditors’ Rights During the Bankruptcy Process
Customer and client bankruptcies can present significant risks for creditors. Chapter 7 and Chapter 11 of the U.S. Bankruptcy Code both provide opportunities for filers to significantly reduce (if not eliminate) their debt obligations, and Subchapter 5 of Chapter 11 allows small business filers to do so with limited creditor involvement. As a result,… Read More »
Commercial Foreclosure Defense: Options for Businesses in South Florida
While facing commercial foreclosure can present significant financial and legal risks, businesses targeted in commercial foreclosure actions will often have strong defenses available. There are several potential defenses to foreclosure under Florida law; and, if your business’ lender has initiated a foreclosure action, an experienced Miami real estate attorney can determine what defenses your… Read More »
Understanding the Key Terms in a Small Business Bankruptcy
If you are struggling to keep your small business afloat, filing for bankruptcy could be a smart solution. Through bankruptcy, small businesses can reorganize their debts, reduce their monthly financial obligations and regain the financial standing they need to remain viable. Small business owners have multiple options available, and choosing the best option for… Read More »
What to Expect During (and After) the Subchapter V Small Business Bankruptcy Process
Subchapter V bankruptcies allow small businesses to reorganize their debts without facing the additional costs and challenges involved in a traditional Chapter 11 filing. Since Subchapter V was introduced in 2020, it has become an extremely popular tool for businesses that need relief from their current debt loads in order to continue operating as… Read More »
3 Best Practices for Subchapter V Small Business Bankruptcies
The Subchapter V bankruptcy process allows small businesses to achieve the benefits of a Chapter 11 filing without many of the costs and drawbacks that have traditionally made Chapter 11 filings unviable for smaller companies. Just like a traditional Chapter 11 filing, the purpose of a Subchapter V filing is to reorganize the company’s… Read More »