Chapter 11 Daytona Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

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

A bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code will generally be filed by a Daytona 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 Volusia 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 Daytona 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 Daytona, Volusia County, Florida, area can provide invaluable financial support to businesses and provide guidance of when it might be time to seek the advice of a qualified Daytona Chapter 11 bankruptcy attorney. Some Daytona area financial professionals include:

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 Daytona Chapter 11 bankruptcy is much more complicated and requires the advice of a qualified Daytona Bankruptcy Attorney.

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

Banks and Mortgage Companies such as Floridian Bank (1696 North Clyde Morris Boulevard, Daytona Beach, FL 32117) and Gateway Bank Of Florida (1950 West International Speedway Boulevard, Daytona Beach, FL 32114).

Car Dealers such as Hall Jon Honda (330 N Nova Rd, Daytona Beach, FL 32114) and Hall Jon Chevrolet (551 N Nova Rd, Daytona Beach, FL 32114).

Jewelry Stores such as Gordon's Jewelers (1700 W International Speedway Blvd Ste 578, Daytona Beach, FL, 32114 ) and Seabreeze Fine Jewelry (529 Seabreeze Blvd, Daytona Beach, FL 32118).

The Basics of a Chapter 11 Daytona Bankruptcy:

A qualified Daytona 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 Daytona and Volusia County, Florida (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Volusia County cases are filed with the United States Bankruptcy Court for the Middle District of Florida located in the Orlando Division, 80 N Hughey Ave  203, Orlando, FL 32801.

► 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 Daytona Bankruptcy Attorney will advise you on the effects of confirmation of your plan.

Contact a Daytona Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Volusia County Bankruptcy.

Serving clients throughout Eastern Florida, including Daytona Beach, Deland, Deltona, Flagler Beach, Fort Matanzas, New Smyrna Beach, Orange City, Orlando, Ormond-by-the-Sea, Palm Coast, Port Orange, Sanford, St. Augustine Beach, Titusville, St. Augustine Shores, areas in the vicinity of Daytona Beach International Airport, and other communities in Brevard County.