Chapter 11 San Jose Business Bankruptcy Lawyer & Business Bankruptcy Law Firm
What is a Chapter 11 Business Bankruptcy? Who would file a Chapter 11 bankruptcy in San Jose?
A bankruptcy case filed under Chapter 11 of the U.S. Bankruptcy Code will generally be filed by a San Jose 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 Santa Clara 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 San Jose 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 San Jose, Santa Clara County, California, area can provide invaluable financial support to businesses and provide guidance of when it might be time to seek the advice of a qualified San Jose Chapter 11 bankruptcy attorney. Some San Jose area financial professionals include:
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A Nunez Accounting and Tax Service
A P Accounting |
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Accountants International
Accounting for You |
Chapter 11 bankruptcies may also be filed by individuals in San Jose and Santa Clara County (an individual may be an unmarried person, a married person filing alone, or a married couple). |
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 San Jose Chapter 11 bankruptcy is much more complicated and requires the advice of a qualified San Jose Bankruptcy Attorney.
Common types of creditors in San Jose, California, with whom a person may have very high debts that disqualify them filing a chapter 13 bankruptcy:
Banks and Mortgage Companies such as Bridge Bank, National Association (55 Almaden Boulevard, San Jose, CA 95113) and American Bank and Trust Company (40 South Market Street, San Jose, CA 95113).
Car Dealers such as Alberto S Auto Dealer (1260 E Santa Clara Street, San Jose, CA 95116, (408) 279-8490) and 880 Motors (316 S Monroe Street, San Jose, CA 95128, (408) 985-9000).
Jewelry Stores such as Anita's Fine Jewelry Inc. (2306 Almaden Road, Suite 165, San Jose, CA 95125, (408) 265-0464) and Lo Monaco's Jewelry (3148 Alum Rock Avenue, San Jose, CA 95127, (408) 251-4100).
The Basics of a Chapter 11 San Jose Bankruptcy:
A qualified San Jose 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 San Jose and Santa Clara County, California (but they may vary depending on specific circumstances):
► The case begins when the petition is filed with the bankruptcy court. Santa Clara County cases are filed with the California Northern Bankruptcy Court located in 280 South First Street, Room 3035, San Jose, CA 95113, (408) 278-7500.
► 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 San Jose Bankruptcy Attorney will advise you on the effects of confirmation of your plan.
Contact a San Jose Bankruptcy Attorney for advice and consultation about filing a Ch. 11 Santa Clara County Bankruptcy.
Serving clients throughout Western California, including Alameda, Belmont, Berkeley, Brisbane, Burlingame, Campbell, Castro Valley, Cupertino, Daly City, Foster City, Fremont, Gilroy, Hayward, Los Gatos, Menlo Park, Milpitas, Monterey, Morgan Hill, Mountain View, Newark, Oakland, Pacifica, Palo Alto, Redwood City, Richmond, Salinas, San Bruno, San Carlos, San Francisco, San Jose, San Leandro, San Mateo, Santa Clara, Santa Cruz, Saratoga, South San Francisco, Sunnyvale, Watsonville, areas in the vicinity of Mineta San Jose International Airport, San Francisco International Airport, and other communities in Santa Clara County.