The United States Bankruptcy Code, which organizes types of bankruptcy into different chapters, offers debt relief to both individuals and corporate entities. If you are individual in need of debt relief, the "liquidation" of non-exempt property facilitate by chapter 7 bankruptcy may be the most sensible option. If it is your corporate entity, whether a corporation, partnership, or other entity, rather than yourself as an individual separate from your business, chapter 11 bankruptcy may be the more prudent choice - especially if it is your intention to remain in business following the bankruptcy process. In determining which chapter of bankruptcy is most appropriate and beneficial, whether as in individual or corporate entity, consult with an experienced San Jose bankruptcy attorney.
Perhaps the most important aspect of filing for Chapter 11 bankruptcy protection is crafting a strong, viable reorganization plan. After all, why go through the time and effort of the bankruptcy process if it is not going to fix the underlying problem? Your company needs a strong restructuring plan.
Recently, the Supreme Court of the United States heard oral arguments in the case of Czyzewski v. Jevic Holding Corporation. This case involves a dispute over commonly used Chapter 11 bankruptcy settlement procedures. More specifically, the question at stake is how much power individual bankruptcy courts will have to approve bankruptcy settlements that deviate from the typical order of creditor preference.
According to recent media reports, Samson Resources Corp has a signed an updated reorganization agreement in hopes of exiting the Chapter 11 bankruptcy process. The oil and gas drilling company originally filed for Chapter 11 bankruptcy protection in September of 2015. However, since that time, the company has been in a battle with some of its creditors over its restructuring plan. The company hopes that its revised Chapter 11 reorganization plan will finally get approval from objecting creditors or alternatively allow it to defeat them in bankruptcy court. Once either occurs, the company will be able to move forward in the Chapter 11 process.
In many ways, Silicon Valley has changed the way the world thinks about business. For example, the innovative transportation company, Uber, is now valued at more than $60 billion, yet it essentially owns no vehicles. Uber's assets are mostly intangible. Increasingly, businesses in Northern California share that characteristic. Intangible assets might be the key to your company. However, if bankruptcy becomes necessary, your business will also face some unique challenges when dealing with these assets.
Sometimes, when you do business with multiple companies, chances are that a few of them will file for bankruptcy because not all businesses are successful. When you find out that a company you have been doing business with has filed for bankruptcy, the first question you may ask yourself is whether you want to keep doing business with them or terminate the relationship.
Bankruptcy is not a fun topic to discuss, but it is necessary for you to understand what it is and how it will work to the benefit of your business if you are considering filing. If you have a small business that is struggling financially, and you do not have enough resources to pay your creditors, bankruptcy may be an option for you to consider.
Filing for bankruptcy is never something that a business wants to have to consider, but it can be a way for a company to reorganize and find a financial solution to work its way out of debt. The Department of Justice has researched trends in Chapter 11 bankruptcy filing and have seen numbers of filed cases exceed 3,000 over the past few years. However, this is a significant drop compared to the two decades previous.