Recent Blog Posts
What Documents Are Needed for a Chapter 11 Business Bankruptcy in Florida?
Filing for bankruptcy under Chapter 11 is a document-intensive process. Companies contemplating bankruptcy need to gather several forms of documentation to prepare, and, to start the process, they must file a variety of forms and supporting documentation with the bankruptcy court. As a result, careful planning is essential, and company executives should work closely… Read More »
When Should a Company File Bankrupt?
On this blog we cover a lot of topics related to business bankruptcies. In the past year alone, we’ve covered topics ranging from the debtor-in-possession rules and bankruptcy “cramdowns” to considerations for restoring companies’ financial standing post-bankruptcy. But, one topic we haven’t really covered is: When should financially distressed companies start the bankruptcy process?… Read More »
Restoring a Company’s Financial Standing Post-Chapter 11 Bankruptcy
The purpose of going through a Chapter 11 bankruptcy is to get a company back on solid financial ground. Rather than liquidating the company’s assets (as in a Chapter 7 bankruptcy), the focus of a Chapter 11 bankruptcy is on reorganizing the company’s debts so that it can remain viable well into the future…. Read More »
Debtor-in-Possession Financing and Chapter 11: What Florida Business Owners Need to Know
Filing for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code provides a way for companies to reorganize their debts and overcome short-term financial strain. But, for some businesses, the Chapter 11 bankruptcy process itself can prove prohibitively expensive. While this is less common today due to the enactment of Subchapter V (which provides… Read More »
Partition Actions Involving Florida Real Estate: What Co-Owners Need to Know
If you co-own real estate with someone else in Florida, disputes regarding the property can present a variety of challenges. The same is true if you have a disagreement unrelated to the property and decide it is best if you go your separate ways. In both of these scenarios, the best path forward will… Read More »
What To Do if Your Business Has a Breach of Contract Claim in Florida
If your business is dealing with a breach of contract in Florida, you need to make informed and strategic decisions about what to do next. There are several important factors to consider as you decide how to proceed, and while going to court might be the next step, there may be other steps your… Read More »
Small Business Bankruptcy: What You Want to Know But Don’t Want to Ask
As a small business owner, it can be difficult to ask questions about filing for bankruptcy. In some cases, you might not know what to ask. In others, you might feel uncomfortable showing how little you know about the process. Of course, you aren’t a Miami bankruptcy litigation attorney, so being unfamiliar with the… Read More »
The Chapter 11 “Cramdown:” How To Use One to Your Company’s Advantage
In a Chapter 11 business bankruptcy, a “cramdown” allows the business to secure court approval for its reorganization plan without its creditors being on board. This can be critical in some cases. While creditors will generally be willing to consider reasonable proposals for reorganizing a business’s debts during the Chapter 11 bankruptcy process, it… Read More »
What Types of Debts Are Eligible for Discharge in a Chapter 11 Bankruptcy?
While the primary purpose of a Chapter 11 bankruptcy is to reduce the business’ monthly debt load through a reorganized payment plan, businesses can use Chapter 11 filings to eliminate (or “discharge”) debts during the process as well. Discharging debts during the Chapter 11 bankruptcy process is fairly common, and when considering a reorganization,… Read More »
Remedies in Florida Partnership Disputes
Last month, we discussed some key considerations for resolving partnership disputes through mediation or arbitration. In that article, we covered some of the benefits and limitations of each of these forms of alternative dispute resolution (ADR), and we also covered some circumstances in which ADR may not be the best option for resolving a… Read More »