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Customer File for Bankruptcy?

March 13, 2013 by Ruth_Auerbach

Customer File For Bankruptcy ImageWhen You First Get the Notice

To many a business owner there is nothing more frustrating than opening the morning’s mail to find that one of your best long time customers has filed bankruptcy, owing you a lot of money.  Is there no hope for getting paid?  Not necessarily.  In this series of postings, we will look at various options for the creditor in a bankruptcy case.  These are just designed to let you know what remedies might be available to you.  Whether you want to pursue them or not will depend on the facts of your individual situation, how much time and money you want to spend, and whether there is money in the estate to pay you.

Look at the Notice and determine what type of bankruptcy was filed.  Not all bankruptcies are alike. The filing could be:

  • Chapter 7 – a straight liquidation.  A trustee is appointed to liquidate any assets and pay creditors according to the priority scheme set forth in the Bankruptcy Code;
  • Chapter 11 – a reorganization.  The Debtor retains control of assets and generally continues to operate its business while the Debtor puts together a plan of how the Debtor will repay creditors.  Chapter 11 debtors can be individuals or they can be major corporations.
  • Chapter 12 – a repayment plan for family farmers.  Similar to a Chapter 13 case in that a Plan is filed early in the case; limited to family farmers.  These aren’t seen much in the Northern District of California and won’t be discussed much in this article;
  • Chapter 13 – an individual repayment plan.  The Debtor files a plan at or near the time the case is filed outlining what payments the Debtor will make over the next three to five years (not available to corporate debtors).

In an upcoming post, I will address the need to stop collections.

 

Finkel Law Group, with offices in San Francisco and Oakland, has extensive experience guiding clients through the bankruptcy process as both creditors and debtors. When you need intelligent, insightful, conscientious and cost-effective legal counsel to assist you with understanding or pursuing bankruptcy protection, please contact us at our Oakland Office (510) 344-6601, or San Francisco (415) 252-9600, or info@finkellawgroup.com to speak with one of our attorneys about your matter.

 

 

Filed Under: Bankruptcy & Restructuring Tagged With: bankruptcy process, bankruptcy protection, East Bay Attorney

   

Bankruptcy & Restructuring Posts

  • Avoiding Fraudulent Transfer Claims in Bankruptcy
  • Navigating Complex Legal Challenges for Small Businesses in California’s Bankruptcy Litigation
  • Chapter 11 Bankruptcy: Debtor-in-Possession Financing in California
  • Securing New Financing Post-Bankruptcy
  • Bankruptcy’s Impact on the Reputation of a Family-Owned Business: Maintaining a Positive Image

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