





| Chapter 7 - Liquidation Under the Bankruptcy Code | |||||
| Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. | |||||
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Debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization.Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code. |
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| Chapter 11 - Reorganization Under the Bankruptcy Code | |||||
A Chapter 11 filing is generally a voluntary action taken by a company to protect its ongoing business from financial claims while it continues operating its business. During a Chapter 11 proceeding, the company reorganizes financially and, at times, operationally so that it can meet the claims of those to whom it owes money. A Chapter 11 filing includes an automatic stay that immediately freezes all claims against the company that predate the filing, stops all lawsuits against the company, and precludes creditors from exercising control over the company’s property. Chapter 11 reorganization is entirely different from other kinds of bankruptcy proceedings where the focus is on liquidating the company. Companies commonly file for Chapter 11 voluntarily because it provides a process for the company to restructure and to emerge as a viable business. |
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| Chapter 13 - Individual Debt Adjustment | |||||
| The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income also known as the wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts | |||||
| Under this chapter, debtors propose a repayment plan to make installments to creditors over a period of time, usually three to five years. | |||||
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| A final thought ... | |||||
| Remember we are here to help, if you are considering any form of bankruptcy please take the time to call our office. We can schedule a consultation with you at your convenience. | |||||
Please call us for an appointment (858) 598-6628 |
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| If you would like to send a fax (858) 598-6631 | |||||
here through our contact form |
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| email "Joseph J. Rego, attorney at law" | |||||
| email "Rhonda Lewis, paralegal" | |||||
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