Chapter 11 Hialeah Business Bankruptcy Lawyer & Business Bankruptcy Law Firm

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

A bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code will generally be filed by a Hialeah 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 Miami-Dade 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 Hialeah 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 Hialeah, Miami-Dade 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 Hialeah Chapter 11 bankruptcy attorney. Some Hialeah 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 Hialeah Chapter 11 bankruptcy is much more complicated and requires the advice of a qualified Hialeah Bankruptcy Attorney.

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

Banks and Mortgage Companies such as Ready State Bank (3700 West 12th Avenue, Hialeah, FL 33012) and Southeast Bank of Westland (1900 West 49th Street, Hialeah, FL 33012).

Car Dealers such as JEnterprise Rent-A-Car (940 East 49th Street, Hialeah, FL, 33013) and Avis Car Rental (1615 West 49th Street, Hialeah, FL 33012).

Jewelry Stores such as Value Pawn and Jewelry (509 West 49th Street, Hialeah, FL 33012) and The Jewelry Great Place Corp (2360 W 68th Street Suite 119, Hialeah, FL 33016).

The Basics of a Chapter 11 Hialeah Bankruptcy:

A qualified Hialeah 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 Hialeah and Miami-Dade County, Florida (but they may vary depending on specific circumstances):

► The case begins when the petition is filed with the bankruptcy court. Miami-Dade County cases are filed with the Florida Southern Bankruptcy Court located in the Claude Pepper Federal Building, 51 Southwest 1st Avenue, Room 1510,
Miami, FL 33130

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

Contact a Hialeah Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Miami-Dade County Bankruptcy.

Serving clients throughout Southeastern Florida, including Boca Raton, Carol City, Cooper City, Coral Gables, Coral Springs, Corral Terrace, Country Club, Cutler Bay, Dania, Davie, Deerfield Beach, Doral, Fort Lauderdale, Fountainbleau, Hallandale Beach, Hialeah, Hialeah Gardens, Hollywood, Homestead, Kendal, Lauderhill, Margate, Melrose Park, Miami, Miami Beach, Miami Lakes, Miramar, North Miami, Oakland Park, Palmetto Bay, Pembroke Pines, Plantation, Richmond West, Sunrise, West Little River, areas in the vicinity of Miami International Airport, and other communities in Miami-Dade County.