Chapter 11 Edmond Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

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

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

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

Banks and Mortgage Companies such as Bank of America (333 North Bryant, Edmond, OK 73034) and Bank of Oklahoma (1400 S. Santa Fe, Edmond, OK 73003).

Car Dealers such as Fiat of Edmond (14111 Broadway Extension, Edmond, OK 73013) and Darius Auto Sales (14713 S Coltrane Road, Edmond, OK 73034).

Jewelry Stores such as Simpson Brockhaus Fine Jewelry (1289 E 15th Street, Edmond, OK 73013) and Ring's Etc Fine Jewelry (2317 N Pennsylvania Avenue, Edmond, OK 73012).

The Basics of a Chapter 11 Edmond Bankruptcy:

A qualified Edmond 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 Edmond and Oklahoma County, Oklahoma (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Oklahoma County cases are filed with the Oklahoma Western Bankruptcy Court located in the Old Post Office Building, 215 Dean A. McGee Avenue, Room 147, Oklahoma City, OK 73102.

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

Contact an Edmond Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Oklahoma County Bankruptcy.

Serving clients throughout Central Oklahoma, including Ada, Altus, Alva, Anadarko, Ardmore, Arnett, Bartlesville, Blackwell, Bristow, Broken Arrow, Buffalo, Chandler, Clinton, Davis, Duncun, Edmund, Elk City, Enid, Eufaula, Grove, Guthrie, Henryetta, Lawton, McAlestar, Miami, Muskogee, Okeene, Oklahoma City, Pauls Valley, Perry, Ponca City, Purcell, Sapulpa, Shawnee, Stroud, Taloga, Tinker AFB, Tulsa, Weatherford, Woodward, areas in the vicinity of Tinker AFB, and other communities in Canadian County, Cleveland County, Lincoln County, Logan County, Oklahoma County, and Pottawatomie County.