For businesses in Hackettstown who are experiencing financial difficulties, a Chapter 11 bankruptcy offers the chance to halt the collection activities that have been driving it deeper into debt and formulate a strategy that will allow it to remain open. When discussing Chapter 11 cases, much attention is paid to the debtor in possession and the court-appointed trustee (if there is one). Yet while everyone assumes that their presence is recognized in a bankruptcy case, few details are often given about the creditors involved. Who looks out for their interests?
A common misconception about many in Hackettstown may be that the struggles that force people into bankruptcy can be easily avoided through proper resource management. If that is what most believe about individuals, then imagine how much more mismanagement is attributed to businesses that are forced to seek bankruptcy protection. The truth is that many of the issues that result in people and companies considering bankruptcy are unforeseen, and the decision to take such action is only motivated by avoiding further financial difficulties (as opposed to simply getting off the hook for having to pay back their debts).
For a company that is struggling with debt, bankruptcy may be a viable option in helping it get past such challenges and re-establishing itself in Hackettstown. Yet the fact that some companies are able to file bankruptcy and still remain in operation may cause some to wonder whether said businesses are simply taking advantage of bankruptcy laws to get out from under their debts. What those who think this may not know is that the rules governing a Chapter 11 (which allows businesses to reorganize themselves at the approval of their creditors) are very strict in how a business' debts are discharged, even going so far as to mandate many still be paid.
If you’re a small business owner in New Jersey, filing for Chapter 11 bankruptcy is a daunting prospect. Because Chapter 11 allows for a reorganization of debt it doesn’t necessarily mean that your business is lost forever. The Balance offers the following explanation so you can understand your options when it comes to getting your business finances in order.
While Chapter 11 bankruptcies are normally utilized by businesses, individuals can also pursue this option. Doing so takes a bit of work however, as Chapter 11 can be more complicated than Chapter 7 or 13, which most people go for when filing for bankruptcy. Debt.org explains what you need to know if you choose this debt relief option and how you can ensure the best possible results.
Even when a business in Hackettstown struggles with debt to the point of considering bankruptcy, its potential to continue to operate (and even grow) does not go away. Business owners might even use a bankruptcy case as the springboard needed to make organizational and cultural changes that place a company back on the path to sustainability. This may not be easy, however, as news of a bankruptcy might impact both a business' patrons as well as its employees, prompting them to call its future into question.
The common school of thought is that the primary benefit of a Chapter 11 bankruptcy is that it allows business owners in Hackettstown to continue to operate their companies while reorganizing their infrastructures and simultaneously stopping creditors from taking actions against them. Yet creditors may also view a Chapter 11 bankruptcy as a way of forcing a debtor company to stop avoiding its liabilities. Thus, your creditors can indeed try to force you and your company into bankruptcy.
Your New Jersey company has not done as well as you hoped, and now you are struggling to cover your debts and operating expenses each month. Efforts to find more funding have not been successful, but you are not ready to close your business. At The Law Offices of Jonathan Stone, we often explain the benefits of Chapter 11 bankruptcy to business owners who are struggling with debt.
It might be difficult for business owners in Hackettstown to consider filing for bankruptcy simply because they do not want to lose control of their companies. Even in situations where a Chapter 11 case could help alleviate their financial struggles and allow their operations to continue, the thought of the use of their business assets and properties being at the discretion of an outside party (such as a bankruptcy trustee) may be enough to scare them away from the process altogether. Those same business owners will likely be relieved to know that law allows them to retain control of their bankruptcy cases through the role of the "debtor in possession."