November 17, 2009
Then write down what you are, and are (Chapter 11)
Then write down what you are, and are not, willing to give up under any circumstances. First, I will give you the good news. If the law courts decide that you are bankrupt but you don't have it off that bad, you might get a chapter of insolvency that only partially dissolves your liabilities. Accordingly, creating money and saving money should be the key underlying themes of your turnaround plan and you should clearly state these as objectives. The credit card company are going to get nothing in an insolvency.
* What are you going to do if the enterprise fails? Even with these disadvantages, I recommend a liquidating Chapter eleven filing over a Chapter vii. In every turnaround I've worked on, an unprofitable firm is the problem and the financial account book is just a symptom. An honest bankruptcy lawyer who understands business must explain not only receivership to you but also the other alternatives you have when trying to fix your business. But if you are running a snow plowing enterprise, you may want to look outside Fort Worth city limits. Of course, if you don't have enough monthly income to pay the individual guaranteelender, then you'll have to give up the available resources you pledged as part of the personal guarantee even in a Chapter 13 filing. I will not go into details of this here because your legal counselor are going to build your suit on your specific interactions with the financial institution and their mishandling of your account. As a bonus, the buyer does not have to reduce the price because of doubt in the accounting. Given your current financial condition, the bank won't see you as worth the risk right now. In consequence, there are going to be more people and more expenditures using this program.