What You Need To Know About Chapter 11 Bankruptcy TN

By Christine Stewart


Sometimes small businesses are faced with huge debts that threaten their closure. If these debts are not settled, these businesses will undoubtedly close down. It is at such a point where the business owner must think of ways to salvage the company from falling to the ground. It is thus paramount to find a good lawyer to take you through several options that are available to rescue the business, like the Chapter 11 Bankruptcy TN act. This will help the business owner to restructure his /her business and below are quick facts about the law.

If your small business is faced with bankruptcy, the first step is looking for a lawyer to help you through. The lawyer will help you consider the best options available so that you can go with the best. More so, the attorney will take you step by step through the procedure of the option you select. Therefore, make sure you have found a qualified attorney to help you handle the case.

Generally, this option or act is for businesses that face the danger of closing down due to debts. The purpose of this law is to help companies from falling to the ground. Therefore, the corporation can get back to its feet by following the reorganization plans as in chapter eleven. The business can thus reduce its debts by changing the payment terms it uses. This will help the corporation to continue operating successfully.

This act also allows the businesses to sell some of the assets it owns to help it cover the debts it owes the creditors. The reorganization plan has to be however approved by the bankruptcy court as well as your creditors. This option is open to partnerships, small corporations or LLCs that have no other option to pursue to save themselves from the huge debts.

The business is allowed to continue operating under the condition that the there is a debtor-in-possession, who is the debtor. This is the person that controls the entire business and all its assets. His/her aim is to see to it that the creditors are paid back what they are owed. The debtor-in-possession has obligation rights in controlling the business and all the assets of the business.

The debtor-in-possessions is also responsible for making decisions unilaterally. However, the decisions he/she makes must be helping the business in its operations. In case these decisions are not meant to improve the business, this individual must be permitted by the court before making any decision. Thus, this individual has to consult the court in such cases.

The case begins with the filing of petitions. These petitions may be voluntary if they are filed by a debtor or involuntary in case creditors file them. The petitions are presented in the locality where the debtor lives in. When filing these petitions, both the debtors and creditors must meet the requirements as set by the court.

Filing this petition and becoming successful at the end of the case is not easy. Hence, there is a need to hire a lawyer who has experience in this filed. The attorney will guide you during the process. This will place you at an advantage of winning the case and saving your business.




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