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April 04, 2009
Business bankruptcy filings are occurring at an unprecedented rate. Last year, bankruptcy courts reported a whopping 50-percent increase in filings over the previous year. Bloomberg.com, a worldwide provider of financial information, reports more than 18,000 businesses filed for bankruptcy protection during the first four months of 2008 alone. Unfortunately, the outlook is even gloomier for 2009.
Filing business bankruptcy requires the assistance of a qualified bankruptcy attorney. The new bankruptcy laws enacted in 2005 have made filing both personal and business bankruptcy nearly impossible. Known as the Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA places numerous restrictions on financial constraints on business owners.
March 15, 2009
Chapter eleven bankruptcy is used by corporations, partnerships and sole proprietors to reorganize business debts. Oftentimes referred to as 'corporate bankruptcy', Chapter 11 allows business owners time to restructure debt in an attempt to become a viable business.
During chapter eleven, businesses are allowed to continue normal operations. If the company is publically-held the reorganization plan must be provided to investors. Distribution of interest and principal payments to bondholders is prohibited during the reorganization phase. Stockholders are placed at the bottom of the list and unable to collect proceeds until creditors are repaid
October 03, 2008
Chapter 11 Bankruptcy is oftentimes referred to as "reorganization" bankruptcy. Although Chapter 11 is available to individuals and businesses, it is typically reserved for those with high levels of debt. Two prime examples of large corporations seeking Chapter 11 bankruptcy protection include American International Group (AIG) and Lehman Brothers Holdings, Inc.
Chapter 11 bankruptcy provides debtors the opportunity to retain assets through the structure of a repayment plan. Once individuals and business entities receive Chapter 11 bankruptcy protection their finances are supervised by the court.