Chapter 11 Bankruptcy

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is a very complex area. Luckily, most people who file for bankruptcy in Arkansas do not need Chapter 11 bankruptcy. You can read more about Chapter 11 below; however, in most situations, filing Chapter 11 is overkill for all but the most specialized of circumstances. If you want to learn more about your options, call Crawley Law Firm at (870) 972-1150.

Chapter 11 is a type of bankruptcy usually filed by businesses, but also available to individuals under specific circumstances. If an individual has assets in excess of the requirements to file Chapter 7 bankruptcy or has debts too high for Chapter 13, it may be appropriate. If you and your lawyer decide to file Chapter 11, this information below will provide an overview of the steps and timeline of the process.

Filing For Protection From Creditors
Under Chapter 11, once the petition is filed, the court grants what’s called an “automatic stay.” This means that all collection attempts must immediately end. This gives the debtor relief from calls, letters, and other efforts to collect on the debt. Foreclosures are automatically halted as well. This stay lasts until the reorganization plan is approved by the court. Usually, a period of four months is given to developing this plan, but in some cases, the courts may extend that time up to 18 months.
Developing A Reorganization Plan
Next, the petitioner and their lawyers will make a plan to repay the debt and reorganize the business in a way that allows them to continue business operations while cutting expenses (and, in some cases, liquidating assets) in order to do this. The end goal of this plan is to serve as a contract between the debtor and the creditor, spelling out how the business will be run during the repayment period. The creditors do have the right to propose alternative plans if they are unhappy with the terms of one proposed by the debtor. This is rare in Chapter 11 filing, and it’s more likely that the creditors would move to have the bankruptcy re-filed as Chapter 7.
Waiting On A Plan Confirmation
The plan must be approved by the bankruptcy court, and this is referred to as “confirmation.” When making this determination, the courts are looking to make sure the plan is likely to work, submitted in good faith, and in the best interests of the creditors. This last issue is a little complicated, but it usually means that the creditors must receive at least as much as they would under Chapter 7 bankruptcy.
Securing A Discharge of Debt
At the end of this process, which usually takes between three and five years, the remaining debts will be dismissed. This is called “discharge,” and it only occurs if the debtor has acted in accordance with the reorganization plan, including paying down the debts as specified.

As with any other kind of bankruptcy, not all debts are subject to being discharged. Debts for alimony, child support, some kinds of tax debt, and others will not be relieved by the filing.

For small businesses, the timeline of events is shortened, and some of the details of the process change. In fact, of all the bankruptcy options, Chapter 11 has the most variables. Each plan is individually tailored to the financial situation of the debtor, so it can be very complicated. It is important to approach this option with the help of a skilled and experienced lawyer to ensure it is the appropriate option for filing.

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Customer Reviews

H Barnes

Awesome. Answered every question each time all the time. Be prepared when you walk into his office because they're already waiting to tackle your issues. Good staff too. This lawyer gets this thang done. Have your ducks in a row.. They will help you all the way.

Mr. and Mrs. Dowdy 08/19/2022

We want to personally thank Mr. Crawley and his staff for everything. We want the whole office know we appreciate each of you for being kind and having patience with us throughout the process.

C. Henley

I have been struggling with coming to this decision to file bankruptcy, but you have made me feel comfortable through this process! Thank you for being so great with clients! You are a rockstar in my book! This is terrifying but you all have made it better! Thank you for all your help!!

Terri B. 01/20/22

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I would definitely recommend Crawley Law Firm. They were informative and very patient all the way through. I could always call with any other questions. Juliana was great! Michael and all of his staff were very professional and understanding all the way!

Robert N. 01/17/22

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Very responsive very respectful, and competitive on price. Always answered my questions with honor. Thanks Crawley team.

Sherry S. 01/12/22

Awe ty for always making me feel better. You are good people and I can't tell you how every single thing u have ever said or done u and ur hubs has helped us in some way. And this bankruptcy stuff is serious and ya'll take such good care of us and we appreciate you!

Brandy T. 12/23/21

Thank u so much y'all are so pleasant and beautiful people to work with.

Tonya D. 12/27/21

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Mr Crawley and all of his staff were extremely nice, truly caring and always there to help. I am very fortunate to have been able to work with all of them. Anytime you have a question all you have to do is call or email. They would ALWAYS get right back with you. If you need a GREAT attorney....Definitely give them a call!!!

Tonya.

Update: 12/27/2021

These people are awesome to work with. They don't just take care of you at the beginning and leave you to deal with stuff and you be lost. They are with you every step of the way. Even after it is all said and done they are a phone call, text or email away. You have multiple ways to stay in contact and they make you very comfortable asking any questions you may have. I highly recommend Mr Crawley and all of his staff. They are amazing. They are the best so please give them a call. I did and they also give you information to help you rebuild your credit. So they go above and beyond for sure. Happy New Year's and be sure you pick the right one when needed.

Arnold B. 11/04/21

They treat you like your someone; with understanding and caring ,really good folks i trust them you can too

Tonya D. 10/29/21

Google
Mr Crawley and all of his staff were extremely nice, truly caring and always there to help. I am very fortunate to have been able to work with all of them. Anytime you have a question all you have to do is call or email. They would ALWAYS get right back with you. If you need a GREAT attorney....Definitely give them a call!!!
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