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Category Archives: Bankruptcy

How Leases and Executory Contracts Are Handled in Chapter 11

Chapter 11 Leases and Executory Contracts

For a business in Chapter 11 bankruptcy, leases and executory contracts can represent valuable assets or burdensome obligations. An executory contract is one where both parties have unperformed obligations. Leases, where rent payments remain outstanding and the landlord has obligations to maintain the property, fall under this category. Here are some key points a Chapter […]

Defending Against Adversary Proceedings Brought by Creditors

Adversary Proceedings by Creditors Defense

Bankruptcy offers a fresh start for debtors struggling with overwhelming debt. However, this process isn’t always smooth sailing. Creditors may object to various aspects of the bankruptcy case by bringing an adversary proceeding — essentially, a case within the case. Such proceedings can arise when creditors challenge discharge of debts, allege fraudulent transfers or attempt […]

How Chapter 11 Restructures Business Debt

Chapter 11 Restructure Business Debt

When a business finds itself drowning in debt, Chapter 11 bankruptcy can offer a lifeline. Unlike Chapter 7, which liquidates assets to repay creditors, Chapter 11 allows for debt reorganization. This means the business gets a chance to develop a plan to reorganize its debts and return to solvency. Here’s how Chapter 11 tackles these […]

Using Chapter 13 for Relief From Credit Card Debt

Chapter 13 Credit Card Relief Debt

Crushing debt from credit card charges can feel inescapable. Minimum payments barely make a dent, and the stress of looming balances can be paralyzing. If you’ve explored other options and are still overwhelmed, Chapter 13 might be a path to financial freedom. Here is a primer on how this form of bankruptcy treats credit card […]

The Basics of DIP Financing During a Chapter 11

Debtor in Possession

In a Chapter 11 bankruptcy, the person or corporation under bankruptcy protection is usually designated a debtor-in-possession (DIP), which means they can continue to manage the business freely though subject to obtaining court approval for major decisions. But a successful reorganization of the business requires infusion of additional capital. DIP financing is a remedy for […]

When Can a Chapter 11 Be Converted to a Chapter 7?

Chapter 11 to 7 Conversions

Businesses under financial distress can pursue a Chapter 11 bankruptcy if they believe they can reorganize and return to profitability. However, as the reorganization proceeds, there may be obstacles that cannot be overcome. In certain circumstances, a conversion to a Chapter 7 liquidation plan may be necessary. A Chapter 11 debtor usually has the right […]

Grounds for Creditors’ Relief from the Bankruptcy Automatic Stay

Grounds for Creditors’ Relief from the Bankruptcy Automatic Stay

Once a bankruptcy petition is filed in court, an automatic stay goes into effect that prevents creditors from taking further action to enforce most debt obligations. The purpose of the stay is to give the debtor time to reorganize its finances through the bankruptcy process. The stay remains in effect throughout the duration of the […]

Your Responsibilities as a Debtor in Possession During Chapter 11

Debtor in Possession

The role of the debtor in possession (DIP) is essential to the success of a Chapter 11 bankruptcy. In most cases, the debtor’s business continues to be operated by its owner, who acts as the proxy of the bankruptcy trustee. However, the DIP also takes on a fiduciary duty to act in the best interests […]

How Exemptions Work in a California Bankruptcy

Bankruptcy Exemptions

One of the most persistent misunderstandings in bankruptcy is that you have to give up your assets to gain a discharge from debt under Chapter 7. The truth is, 98 percent of Californians who file Chapter 7 get to keep all of their property. Remember, the goal of bankruptcy is to help you get a […]

Facing Adversary Proceedings That Challenge Discharge of Debts

Facing Adversary Proceedings That Challenge Discharge of Debts

The goal of a bankruptcy is to obtain a fresh financial start by having some or all of your debts discharged — namely, wiped out. However, there may be reasons that a creditor or the bankruptcy trustee objects to the discharge of certain debts or to all of them. This sometimes results in an adversary […]

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