We Can Make A Difference for You Or Your Business

Basic Steps of Filing Chapter 11 Bankruptcy in Maryland

Bankruptcy Attorney in Rockville, Maryland

Going through filing bankruptcy Chapter 11 is stressful. The courts are intimidating, and the paperwork is confusing and complicated. You don’t know where to turn.

Fortunately, we are skilled in Chapter 11 Bankruptcy and can help you file your petition confidently.

Kurland Law Group has extensive experience helping clients with bankruptcy. Our attorneys will answer all your questions, explain your options and walk you through the process to ensure you are aware of what is happening at every step of the way.

Call us today at (301) 804-0625 or fill out our consultation form after reading this article to see what we can do for you and what our Maryland Bankruptcy lawyers offer – the answer may surprise you.

Introduction to Bankruptcy Chapter 11

Reorganizing debt may help businesses (and people) become more profitable. For Americans, the procedure is governed by Title 11, Chapter 11 in the US Bankruptcy Code. Companies that may file for Chapter 11 restructuring are:

  1. Corporations: In the US, a corporation is distinct from its owners. Consequently, the personal assets of owners and/or investors are not at risk.
  2. Partnerships: Personal assets of partners are not often at risk in partnerships. If personal assets are seized, the partners may be forced to file for bankruptcy.
  3. Sole proprietorships: Individuals who hold sole proprietorships do not have a unique identity. The owner-company debtor’s and personal assets are included in a single proprietorship bankruptcy case.

Is Filing Chapter 11 Beneficial?

 

Filing Chapter 11 Bankruptcy

You may gain time to restructure and develop a reasonable debt repayment strategy by entering Chapter 11. Your assets would be legally safeguarded.

Divorce, litigation, and medical illnesses are the grounds for Chapter 11 bankruptcy.

Another benefit is that the entity, generally a company, may continue to operate. This generates cash flow to help with repayment. The judge also orders creditors to stay away. As a result of the repayment arrangement, most creditors are amenable to Chapter 11.

What are the Steps Taken in a Chapter 11 Bankruptcy?

Credit Counseling Course

If you file Chapter 11 as a person (not a company), you must first finish an authorized credit counseling course. To restructure a business’s debts, you do not need to attend this counseling.

Chapter 11 Petition

Fill out an asset (or debt) inventory and write up a financial statement for your petition. Once everything is done, you may submit your petition to the bankruptcy clerk’s office. In most cases, the petition filing results in an “automatic stay.” Most creditors cannot pursue collection attempts against you or your assets unless the bankruptcy court permits them.

Monthly Financial Reports

Monthly operational reports must be filed with the court during Chapter 11 bankruptcy. These reports detail your monthly income and spending. Your creditors, the court, and the US Trustee may all see the reports. These reports enable these institutions to analyze your suggested reorganization plan’s feasibility. Because the court will only allow feasible plans, you should closely monitor your monthly operational reports. Most debtors find it beneficial to seek court approval to hire an accountant.

First Debtor Interview and Creditor Meeting

Many debtors will have to go to an initial debtor interview first. This is an occasion for the United States Trustee to meet with the debtor and discuss the matter.

Then you must attend the 341 creditors’ meeting. This is usually thirty to forty-five days after the lawsuit is filed. This is a public hearing where your creditors may cross-examine you under oath on your bankruptcy petition. Chapter 11 hearings usually run one to two hours.

The Disclosure Hearing and the Disclosure Statement

You must submit a disclosure statement with your proposed reorganization plan and send it to all interested parties, including your creditors. The disclosure statement describes how creditors may participate in bankruptcy and how their rights may be impacted.

Parties with interest may object to the disclosure statement’s wording during a hearing. The hearing is only a formality since the disclosure statements are often accepted.

The Proposed Reorganization Plan

The restructuring plan details how you will handle your creditors. The creditors are classified as priority debt creditors, secured debt creditors, or unsecured debt creditors. If a creditor doesn’t like your plan, you may seek the court to compel it to accept it. A cramdown occurs when the court forces the creditor to accept the plan.

Hearings for Confirmation

You ask the court to approve your restructuring plan at your confirmation hearing. The court will not approve your proposal until all of your creditor classes have approved it. A request to cancel non-accepting courses may then be filed, rescheduling the confirmation hearing. The creditor is presumed to accept the proposal without responding to a cramdown motion. If the creditor responds, you might attempt to negotiate plan treatment. If you can’t agree, the court will decide.

Paying Into the Plan

Once the court has authorized your plan, you may begin paying your creditors according to the plan’s terms. This creates new contracts with your creditors. If you miss a payment, the creditor may sue you, leaving you with no recourse. Depending on the debts restructured, payments may continue for several years. Mortgages and vehicle loans are usually re-amortized over time.

After you pay your unsecured creditors, you may seek the court for a discharge of the remaining unsecured obligations. The discharge stops these creditors from collecting any of the debts in the plan. The discharge is the major goal of Chapter 11 bankruptcy and marks the end of your case.

Facing financial issues in Maryland?

Whether it's bankruptcy, business law, real estate, or other legal matters, our seasoned attorneys in Rockville, MD are here to help. Get on the path toward a fresh start and resolve your financial issues today!
REQUEST A FREE CASE EVALUATION
Call us today! (301)424-2834

Alternatives to Bankruptcy Filing

A bankruptcy filing is a difficult choice. Knowing that there are alternatives may help you decide what to do. Here are some examples:

Debt management plans

An agreement to pay back the whole principal overtime may be negotiated. Create a monthly payment plan that meets your individual requirements and helps organise your payment process. Notably, the lender is not required to approve it.

Consolidation of debt

When done properly, debt consolidation reduces your monthly payment and consolidates all your obligations into one flat amount. Debt consolidation usually takes the form of a loan with substantially cheaper interest rates than individual credit card issuers.

Settling debts

Debt settlement allows a debtor to pay a flat amount generally less than their existing debt, which is typically 50–75% of the initial debt value. Less than agreed settlements will be reported to the credit agencies by lenders. This record will stay on your credit report for seven years.

Personal Loans

Personal loans may be obtained even with negative credit. But the monthly payment and interest rates will be exorbitantly high. So you must decide whether this is the best solution for you.

Start the bankruptcy process with a competent bankruptcy attorney.

Filing for Chapter 11 bankruptcy in Maryland is a wise choice for those who are struggling to repay their debt, but it’s not something that you should rush into. Getting the right information and contacting a qualified bankruptcy attorney in Maryland is important.

If you are looking for a Chapter 11 bankruptcy attorney in Maryland, our firm can help. We have helped hundreds of people file for bankruptcy and emerge stronger, shining stars. So, if you have been contemplating filing bankruptcy and have a few questions, do get in touch with our bankruptcy law firm in Rockville! We understand the scare and the hassle it comprises for you and your family.

Get the Help You Deserve. Contact Us Today

rockville bankruptcy lawyers

View My
Avvo Profile

sari kurland avvo
Kurland Law Group
211 Jersey Lane Rockville, MD 20850
(301) 424-2834Map/Directions
rockville bankruptcy attorney map

Get the Help You Deserve. Contact Us Today

Copyright © 2021 Sari Kurland Bankruptcy - All Rights Reserved | Powered by Advantage Attorney Marketing & Cloud Solutions