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samedi 24 novembre 2018

A Quick Overview Of The Chapter 11 Bankruptcy TN

By Christine Stewart


Sometimes small businesses are faced with huge debts that threaten their closure. If these debts are not settled, these businesses will undoubtedly close down. It is at such a point where the business owner must think of ways to salvage the company from falling to the ground. It is thus paramount to find a good lawyer to take you through several options that are available to rescue the business, like the Chapter 11 Bankruptcy TN act. This will help the business owner to restructure his /her business and below are quick facts about the law.

The first step to this kind of threat is finding a qualified solicitor. Without a lawyer, you will not be able to succeed in the case. Therefore, make sure you find a qualified attorney to help you in considering the options that you have. After that, you will consider the best option to help you save the business from closing down.

This option is for businesses that find themselves in huge amounts of debt. Therefore, the act allows companies to restructure through the reorganization plans available in chapter eleven acts. For instance, the business is allowed to change its terms of payment. Also, it will be allowed to reduce the number of debts it owes. This means that the business will be able to get back on track.

More so, this act allows the business to cover its debts by allowing it to sell some assets that it owns. The money gained from the sales is used to cover the debts. The creditors and the bankruptcy court must, however, approve the restructuring plan. Usually, small businesses that are corporations, LLCs and partnerships use this option as the last option to save their businesses.

The business is allowed to continue operating under the condition that the there is a debtor-in-possession, who is the debtor. This is the person that controls the entire business and all its assets. His/her aim is to see to it that the creditors are paid back what they are owed. The debtor-in-possession has obligation rights in controlling the business and all the assets of the business.

Also, the debtor in possession can make unilateral decisions for the business provided those decisions are meant to help the business. In case the decisions these individuals make are not in the normal course of the business, they must obtain permission to do so from the court.

The case begins with the filing of petitions. These petitions may be voluntary if they are filed by a debtor or involuntary in case creditors file them. The petitions are presented in the locality where the debtor lives in. When filing these petitions, both the debtors and creditors must meet the requirements as set by the court.

Filing this petition and becoming successful at the end of the case is not easy. Hence, there is a need to hire a lawyer who has experience in this filed. The attorney will guide you during the process. This will place you at an advantage of winning the case and saving your business.




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