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Litigation

Chapter 11 Explained

When a person or a business needs to file for bankruptcy protection, there are several chapters within the United States Bankruptcy Code under which the initial petition can be filed that will govern the subsequent proceedings.  While many people understand the basics for bankruptcy petitions that are more consumer-oriented and usually filed under Chapter 7 or Chapter 13, many see filings under Chapter 11 of the code as extremely complicated and difficult to understand.

While a bankruptcy filing under Chapter 11 is usually a complicated matter, there are some basics that are not difficult to understand.  However, this is not a filing that one should attempt to take on individually.  You will need professional help in order to make sure that all goes as it should, so contact a bankruptcy lawyer today to schedule an initial consultation if you are having trouble meeting your obligations.

Basic Procedure under Chapter 11

Generally, a Chapter 11 filing is done by businesses, and this sort of filing is known as either a ‘reorganization bankruptcy’ or a ‘rehabilitation bankruptcy.’  The reason for these labels is that a Chapter 11 filing basically gives the petitioner time to put together a plan that helps it get out from under the debts it cannot pay at the time of the filing and to one day ’emerge’ from bankruptcy.

Below is a brief look at the procedures involved with a Chapter 11 filing:

Initial filing – When a business files for Chapter 11 protection, the court will order that the creditors cease with collection efforts while the case is pending, much like in a consumer bankruptcy filing.

Disclosure statement – The filing party must also file a disclosure statement that lists all assets and liabilities as well as a plan for reorganization that details how the debts will be paid during the plan’s duration.

Creditors’ committee – When a filing occurs, the largest creditors are usually grouped into a committee that will vote on the reorganization plan.  If the plan is approved, the parties move forward under it.  If it’s not, either the filing party must come up with a new plan, the creditors can come up with their own plan or the filing party can petition the court to ‘cram down’ their plan if it’s reasonable on its face, and the court will rule on it.

Post-plan – When the court ultimately accepts a plan, the debts as constituted prior to the filing are discharged and the petitioner must make the payments proposed in the plan until the time has passed.  If the company does not pay under the plan, it opens up several possibilities for enforcement.It appears that your web host has disabled all functions for handling remote pages and as a result the BackLinks software will not function on your web page. Please contact your web host for more information.…

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Litigation

Getting The Best Attorney On Your Side

When in court, you must be prepared. Regardless of the specifics of your case, it is important to have a skilled representative behind you. This article is filled with useful tips on how to find a great lawyer.

Don’t choose the first lawyer you find. But you should seek out a lawyer carefully. If you are interested in a particular lawyer, see if you can find personal references.

Make sure you identify your problems and concerns before looking for a lawyer. First ask yourself if you need a lawyer. Lawyers are not only there to represent you in court, they also can give you advice about legal matters such as contracts. No matter your reason, you need a competent lawyer.

Don’t accept the very first lawyer in the phone book. When it comes to legal representation, you must treat your situation with respect by taking time to research each lawyer you’re thinking of using. Do not take just anyone’s word either, do your own research so that you can choose with confidence. Therefore, you need to be careful!

Make a log of each interaction that you make with a lawyer. Write down everything from the time and date to whether cash was exchanged. This can help protect you from problems that may arise such as large fees.

Beware of giving a lawyer a big retainer for taking you on. If you must pay a retaining fee, make sure you are refunded a balance. You also want to ask around, as many lawyers are willing to take small retainers and then charge you the difference.

Prior to hiring an attorney, contact your state bar association to find out if they have any complaints against them. If they only have a couple, that should not be a deal breaker, but definitely hire someone else if their list of complaints is about a mile long.

If you’re trying to get a lawyer, be sure that they’re a specialist in the case type you’re dealing with. Lawyers specialize in all sorts of legal matters from real estate law to criminal defense and everything else in between. Looking into this ahead of time can save you time making unnecessary phone calls later.

Inquire about the possibility of reducing costs by doing some tasks yourself. For example, you may be able to prepare your own paperwork. You can ask if you may personally pick up any documents so your law office doesn’t add doing that to the bill.

If you attend a consultation and the attorney guarantees a win, you should leave right away. A great lawyer will never promise you anything just to get you to hire them. This is a type of red flag you should be aware of when picking a lawyer.

Regardless of the circumstances surrounding your case, you must have some idea of what you are doing as you enter the legal world. This will help your lawyer when it comes time to represent you. With any luck, this article can help you make the best choices for resolving the legal issues you have.…