The Importance Of Hiring The Best Business Bankruptcy Attorney Utah Has To Offer

By Lana Bray


There are firms that have gotten rid of all their debts by hiring the best business bankruptcy attorney Utah has to offer. The whole process of declaring bankruptcy is very long and complex. The good news is that a competent attorney can give advice and offer legal representation during the proceedings. This will ensure that the firm keeps its doors open and pays off its debts. There are many firms that have recovered from insolvency to become some of the most profitable in the world.

The consequences of being bankrupt may be too severe for a firm to bear. It is therefore important for the management of a firm to consult widely before making any move. Experienced attorneys should be given strong consideration because of the knowledge they have accumulated over the years. One of the most serious consequences of becoming bankrupt is the effect on credit score that may lead to cancelling of lines of credit and rejection of loan applications.

Chapter 11, or business reorganization makes it possible for firms to repay their outstanding debts through regular contributions as may be determined during the proceedings. In doing this, debtors are allowed to keep their assets, and still get legal protection from creditors. This are the two main reasons why this option is very popular.

Normally, a firm may petition the court to declare it bankrupt. However, creditors can also petition the court to declare a debtor bankrupt. Whatever the case, there are some conditions that must be met by the debtor before the court can allow the case to proceed. There must be complete disclosure of debts and assets. The firm must also be profitable, or should be able to make profit under a competent management team.

In order to champion for their interests in a unified manner, creditors normally form a committee. The firm seeking bankruptcy is required to draft a repayment plan that is both sound and sustainable. The management of the firm must also include, in the proposal, the changes that may need to be made so as to make the firm profitable. Creditors have the right to meet the debtor and ask questions regarding the repayment plan. If satisfied, they may approve the plan.

A trustee may not be needed in the early stages of the process. However, the court will ensure that all the core assets of the firm are not sold. If the company wants to sell any core asset, it must seek the approval of the court. Under chapter 11, a company can can terminate some contracts. Some non-essential employees may also be fired during the proceedings to minimize expenses.

It is important to note that a chapter 11 can be converted into liquidation under chapter seven. This normally happens when the firm starts making a loss. In such a case, the firm's assets are liquidated so as to recover money to pay off the outstanding debts. The court will appoint a trustee to start selling property and distributing the proceeds.

The main reason why firms should hire the best business bankruptcy attorney Utah has to offer is the fact that the entire process can be complex and very costly. In fact, after careful analysis of the firm's books of accounts, the attorney may recommend other options. Under the right circumstances and proper execution, business bankruptcy can save a company from closing its doors.




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