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Chapter 11 Fort Smith Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

Business, large and small, may file for ch. 11 bankruptcy in Fort Smith, AR, which is a reorganization of debt and repayment plan.

What is a Chapter 11 Business Bankruptcy? Who would file a Chapter 11 bankruptcy in Fort Smith?

A bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code will generally be filed by a Fort Smith area business, although this chapter is also available to individuals. While a business may choose to file a Chapter 7 bankruptcy (liquidation), it may not file a Chapter 13 bankruptcy (reorganization) because these are reserved for individuals. But it is very common for a business to want to reorganize its debts and stay in business rather than filing a Chapter 7 and liquidating all of its assets. Chapter 11 bankruptcies are available to Sebastian County businesses for this purpose (i.e., staying in business and restructuring the company's debts). Whether you are a small business or a large business, debt can beome overriding.

There are some famous Chapter 11 bankruptcy cases filed by some high profile companies: Lehman Brothers in 2008 (during the Wall Street collapse); Washington Mutual Bank which was quickly acquired by Chase Bank; and the Enron bankruptcy which brought to light unlawful accounting practices. It doesn't take unlawful accounting practices to get a business, even a small business, into trouble ... the current economy combined with poor bookkeeping and/or lack of financial planning can cause problems and conceal a looming financial crisis for Fort Smith businesses.

A business does not have to be completely insolvent before it is allowed to file a Chapter 11 bankruptcy case. Accountants and bookkeepers in the Fort Smith, Sebastian County, Arkansas, area can provide invaluable financial support to businesses and provide guidance of when it might be time to seek the advice of a qualified Fort Smith Chapter 11 bankruptcy attorney. Some Fort Smith area financial professionals include:

Gammill Thomas & Co Ltd
5026 Old Greenwood Stret, Fort Smith, AR 72903
(479) 648-1121

A 1 Tax Service Inc
2125 S 56th Street, Fort Smith, AR 72903
(479) 484-7686
Clock Robert
3101 S 70th Street, Fort Smith, AR 72903
(479) 484-5740

Brashear James D
3101 S 70th Street, Fort Smith, AR 72903
(479) 484-5740

 

Chapter 11 bankruptcies may also be filed by individuals in Fort Smith and Sebastian County (an individual may be an unmarried person, a married person filing alone, or a married couple).

Contact a Fort Smith bankruptcy lawyer for advice and assistance with your ch. 11 bankruptcy questions.The main reason an individual or married couple would want to file a Ch. 11 bankruptcy instead of a Ch. 13 case is because their debts may exceed the limits allowed in chapter 13 bankruptcy cases. Although similar to ch.13, a Fort Smith Chapter 11 bankruptcy is much more complicated and requires the advice of a qualified Fort Smith Bankruptcy Attorney.

Common types of creditors in Fort Smith, Arkansas, with whom a person may have very high debts that disqualify them filing a chapter 13 bankruptcy:

Banks and Mortgage Companies such as Superior Bank, FSB (5000 Rogers Avenue Fort Smith, AR 72901) and The City National Bank of Fort Smith (1222 Rogers Avenue Fort Smith, Arkansas 72901).

Car Dealers such as A & R Auto Sales Inc (221 Towson Avenue, Fort Smith, AR 72901) and Allen Motors (3300 Towson Avenue, Fort Smith, AR 72901).

Jewelry Stores such as Jewelry Store The (2801 Old Greenwood Road, Fort Smith, AR 72903) and Cheshier's Fine Jewelry, 1107 Utica Street, Fort Smith, AR 72901).

The Basics of a Chapter 11 Fort Smith Bankruptcy:

A qualified Fort Smith Bankruptcy Law Firm will have the expertise to guide their clients through the Chapter 11 bankruptcy process. Here are the common steps for Chapter 11 cases filed in Fort Smith and Sebastian County, Arkansas (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Sebastian County cases are filed with the Arkansas Southern Bankruptcy Court located in the S 6th Street & Rogers Avenue, Ft. Smith, AR 72901, (479) 783-6833.

► The filing fee of $1,000 and administrative fee of $39 are paid.

► Upon filing of the petition and pursuant to Section 1107 of the bankruptcy code, the debtor assumes the responsibilities normally assigned to a trustee (as in a Chapter 7 or Chapter 11 case) and is known as "debtor in possession." This means the debtor may continue to operate the business, including paying employees.

► The debtor in possession also has the responsibility of filing monthly operating reports with the Court and the U.S. Trustee, filing and paying taxes, and creating a plan for reorganization.

► Although the debtor is given the authority to continue to operate the business in the ordinary course of business, the debtor is expected to do so in a manner in the best interest of all concerned. The interest of the creditors is protected by the formation of various creditor committees. These committees will have much influence on the reorganization plan being developed by the debtor in possession.

► A plan is proposed, a confirmation hearing is held, and eventually a plan will be confirmed.

► The plan is implemented.

► Confirmation of the plan can also mean discharge of debts incurred prior to confirmation, but there are many variables including whether the debtor is an individual or a business. Your Fort Smith Bankruptcy Attorney will advise you on the effects of confirmation of your plan.

Contact a Fort Smith Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Sebastian County Bankruptcy.

Serving clients throughout Western Arkansas, including Bloomer, Cedarville, Chester, Clarksville, Concord, Cravens, Dyer, Fort Smith, Greenwood, Mansfield, Mountain Grove, Mountainburg, Mulberry, Muldrow, Poteau, Roland, Sallisaw, Spadra, Tahlequah, West Fork, areas in the vicinity of Fort Smith Regional Airport, and other communities in Sebastian County.