Chapter 11 Port Arthur Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

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

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

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

Banks and Mortgage Companies such as Allied Nederland Bank (3400 Highway 365 Port Arthur, TX 77640) and Fidelity Federal Savings Association (4749 Twin City Highway Port Arthur, TX 77640).

Car Dealers such as Twin City Nissan (10549 U.S. 69, Port Arthur, TX 77642, (888) 708-9132) and Triplex Auto Exporters In (2903 19th Street, Port Arthur, TX 77642, (409) 982-2828).

Jewelry Stores such as Kay Jewelers (3100 Highway 365 , Port Arthur, TX 77642, (409) 722-0790) and Zales (19 Central Mall, Port Arthur, TX 77642, (409) 727-2422).

The Basics of a Chapter 11 Port Arthur Bankruptcy:

A qualified Port Arthur 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 Port Arthur and Jefferson County, Texas (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Jefferson County cases are filed with the Texas Southern Bankruptcy Court located in the United States Courthouse , 300 Willow Street, Suite 100, Beaumont, TX 77701, (409) 839-2617.

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

Contact a Port Arthur Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Jefferson County Bankruptcy.

Serving clients throughout Southeastern Texas, including Baytown, Beaumont, Bridge City, Central Gardens, East Jefferson, Galveston, Groves, La Porte, Liberty, Lumberton, Nederland, Orange, Orangefield, Port Neches, Sabine Pass, Sulphur, Texas City, Vidor and other communities in Jefferson County.