Bankruptcy & Insolvency

Our firm is prepared to assist Florida individuals and businesses with Chapter 7 and Chapter 11 bankruptcies.

You’ve worked hard and made sacrifices to build your business, and you have probably invested substantial personal savings.  Yet oftentimes, through no fault, even the best business owners find themselves needing a little help.  Bankruptcy is a time-honored system for getting court relief from creditors.  Now, with so many SBA loans in default, Florida business owners need experienced and aggressive attorneys on their side.

The Bankruptcy Code gives you the leverage to deal with your creditors on your terms, using powerful statutory tools.  Sometimes, obtaining a fresh financial start is the best solution.  We are committed to working with you to develop the best legal strategy for you. In many cases, a bankruptcy alternative such deed in lieu of foreclosure, loan restructuring, or a debt settlement is a better solution.  Our experienced team of trial attorneys will always have your back in any business litigation scenario.

Bankruptcy & Insolvency

CHAPTER 7 BANKRUPTCY – DISCHARGE OF DEBTS
(“FRESH START”)

A Chapter 7 can be filed by a Florida individual or by a business entity.   All unsecured debts, with some exceptions are discharged.  An individual is allowed certain “exemptions” to protect assets such as a home or car.  A business does not get to keep its assets in a Chapter 7.  Usually, the trustee will take over the business, and the owner can walk away not having to worry about the business.  While a Chapter 7 is a great “fresh start” solution, it’s not a good option for a business owner who wants to keep the business going.

 

CHAPTER 11 BANKRUPTCY – REORGANIZATION OF DEBTS

An individual or business entity can file a Chapter 11 to gain the benefit of the automatic stay, and to reorganize debts.  The debtor generally maintains control of its business operations, subject to court oversight.  There are several reasons for an individual to file a Chapter 11.  One would be if there is too much debt to file a Chapter 13.  This comes into play a lot with individuals and couples that own investment real estate.  A Chapter 11 has no maximum debt limits or “means test” requirements.

A business can file a Chapter 11 bankruptcy to gain short-term, and long-term, relief from creditors.  Immediately upon filing, all creditors must cease collection efforts.  This gives breathing room and negotiation leverage to a business facing an imminent commercial eviction or foreclosure.   In a Chapter 11 bankruptcy, a confirmed plan can include treatment of aggressive creditors such as the Small Business Administration (SBA), a commercial landlord or mortgage holder, aggressive factoring companies, and even the Internal Revenue Service (IRS).

In 2020, a new Chapter 11 subchapter V option became available for small businesses.  This new subchapter is more streamlined and can be a good option.

Bankruptcy Adversary Proceedings

An adversary proceeding is essentially a separate lawsuit filed within an underlying bankruptcy case. However, the litigation rules are very different. It is important to have an attorney who is very familiar with the local rules, whether in the Middle District of Florida, or elsewhere in the state. Usually, it is a conflict of interest for the debtor’s attorney to represent a third-party defendant in a bankruptcy proceeding. If you are a creditor or third-party defendant in a bankruptcy adversary, our attorneys will aggressively represent your interests.

We also represent select creditors and serve as local counsel for Florida bankruptcy adversary cases and international insolvency proceedings.

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