Larry K. Hercules
Texas Bankruptcy Lawyer Specializing in Consumer and Business Bankruptcy
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Bankruptcy Law
Chapter 11 is a chapter of the United States Bankruptcy
Code which permits reorganization under the bankruptcy
laws of the United States. Chapter 11 bankruptcy is
available to every business, whether organized as a
corporation or sole proprietorship, and to individuals,
although it is most prominently used by corporate entities.
When a business is unable to service its debt or pay its
creditors, the business or its creditors can file with a
federal bankruptcy court or protection under either Chapter 7
or Chapter 11.
A chapter 11 case begins with the filing of a petition with the bankruptcy court serving the area where the debtor has a residence. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors that meet certain requirements.
Generally, a written disclosure statement and a plan of reorganization must be filed with the court. The disclosure statement is a document that must contain information concerning the assets, liabilities, and business affairs of the debtor sufficient to enable a creditor to make an informed judgment about the debtor's plan of reorganization. The contents of the plan must include a classification of claims and must specify how each class of claims will be treated under the plan.
As with cases under other chapters of the Bankruptcy Code, a stay of creditor actions against the chapter 11 debtor automatically goes into effect when the bankruptcy petition is filed. The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.
While declaring bankruptcy can be a difficult decision and can seem like you're facing a complicated resolution, our experienced attorneys are here to help. Call for a free consultation to discuss your situation and set a plan that is right for you.
Chapter 11 is a chapter of the United States Bankruptcy
Code which permits reorganization under the bankruptcy
laws of the United States. Chapter 11 bankruptcy is
available to every business, whether organized as a
corporation or sole proprietorship, and to individuals,
although it is most prominently used by corporate entities.
When a business is unable to service its debt or pay its
creditors, the business or its creditors can file with a
federal bankruptcy court or protection under either Chapter 7
or Chapter 11.
A chapter 11 case begins with the filing of a petition with the bankruptcy court serving the area where the debtor has a residence. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors that meet certain requirements.
Generally, a written disclosure statement and a plan of reorganization must be filed with the court. The disclosure statement is a document that must contain information concerning the assets, liabilities, and business affairs of the debtor sufficient to enable a creditor to make an informed judgment about the debtor's plan of reorganization. The contents of the plan must include a classification of claims and must specify how each class of claims will be treated under the plan.
As with cases under other chapters of the Bankruptcy Code, a stay of creditor actions against the chapter 11 debtor automatically goes into effect when the bankruptcy petition is filed. The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.
While declaring bankruptcy can be a difficult decision and can seem like you're facing a complicated resolution, our experienced attorneys are here to help. Call for a free consultation to discuss your situation and set a plan that is right for you.
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Larry K. Hercules | 1400 Preston Road Suite 400 Plano, TX 75093 | 972-964-9757
Larry K. Hercules | 1400 Preston Road Suite 400 Plano, TX 75093 | 972-964-9757
- Free Initial Consultation
- 30+ Years of Bankruptcy Experience
- Work Solely with Attorney
- Appointment Flexibility
- All Legalities Handled by Attorney
- AV Top Rated by M. Hubbell
- 30+ Years of Bankruptcy Experience
- Work Solely with Attorney
- Appointment Flexibility
- All Legalities Handled by Attorney
- AV Top Rated by M. Hubbell
972-964-9757
lkhercules@yahoo.com