Chapter 11 Rochester Hills Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

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

A bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code will generally be filed by a Rochester Hills 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 Oakland 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 Rochester Hills 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 Rochester Hills, Oakland County, Michigan, area can provide invaluable financial support to businesses and provide guidance of when it might be time to seek the advice of a qualified Rochester Hills Chapter 11 bankruptcy attorney. Some Rochester Hills 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 Rochester Hills Chapter 11 bankruptcy is much more complicated and requires the advice of a qualified Rochester Hills Bankruptcy Attorney.

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

Banks and Mortgage Companies such as Community Plus Savings Bank (310 Tienken Road Rochester Hills, Michigan 48306) and North Oakland Community Bank (1467 North Rochester Road Rochester Hills, Michigan 48307)

Car Dealers such as Volkswagen of America (3499 W Hamlin Rd, Rochester Hills, MI 48309 - (248) 754-3000) and Huntington Ford Inc (2890 S Rochester Rd, Rochester Hills, MI 48307 - (248) 852-4500).

Jewelry Stores such as J Thomas Jewelers (2254 Crooks Road, Rochester Hills, MI 48309 - (248) 299-5250) and J Powrie Jewelers,  407 S Main St, Rochester, MI 48307 - (248) 652-2400).

The Basics of a Chapter 11 Rochester Hills Bankruptcy:

A qualified Rochester Hills 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 Rochester Hills and Oakland County, Michigan (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Oakland County cases are filed with the Michigan Southern Bankruptcy Court located in the
Detroit Courthouse, 211 West Fort Street, Detroit, Michigan 48226.

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

Contact a Rochester Hills Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Oakland County Bankruptcy.

Serving clients throughout Southeastern Michigan, including Allen Park, Ann Arbor, Bloomfield Hills, Canton, Dearborn Heights, Detroit, Detroit Metro, Eastpoint, Farmington Hills, Ferndale, Flint, Hamtramck, Inkster, Lincoln Park, Livonia, Mount Clemens, Novi, Oak Park, Redford, Rochester Hills, Romulus, Roseville, Southgate, Springfield, St. Clair Shores, Sterling Heights, Taylor, Troy, Warren, Washington, Wyandotte, areas in the vicinity of Oakland County International Airport, and other communities in Oakland County.