Chapter 11 Bankruptcy New York

A Chapter 11 bankruptcy reorganization plan gives the filer the chance to restructure and renegotiate the terms of paying back creditors. The difference between Chapter 11 and the other Chapters lies within the debtor’s obligations and how the filer’s plan gets confirmed under the Bankruptcy Code.

Chapter 11 is often thought of as corporate bankruptcy. This is because most cases are filed by corporations and large business owners. In rare cases, individuals may be required to file Chapter 11 if they have too much debt and don’t qualify under other chapters of bankruptcy.

Chapter 11 may not be the best solution for small business owners. Higher fees are often required and it usually is costlier and more burdensome than other chapters of bankruptcy. Also, individuals have more obligations compared to Chapter 7 or Chapter 13.

An experienced Business Bankruptcy Attorney will help you choose the best Chapter for your filing and maximize the chances of a successful filing.

Chapter 11 Bankruptcy Protection

Individuals who file Chapter 11 are given one of the strongest protections that individuals can get: the automatic stay.

The automatic stay immediately stops debt collectors and creditors from calling or harassing filers for unpaid credit cards and other unsecured creditors. It also stops foreclosure and eviction proceedings from moving forward. Further, the IRS cannot assess or collect discharged pre-petition corporate income tax liabilities beyond what the court or plan determines.

Importantly, the automatic stay is initiated as soon as the filer submits their bankruptcy petition to the court.

A Chapter 11 Bankruptcy Attorney will help you make the most of the Chapter 11 bankruptcy protection.

How to File Chapter 11 in New York State

Chapter 11 bankruptcy filing in New York City starts with the filing of a bankruptcy in either the Southern District or Eastern District of New York federal bankruptcy courts, depending on the borough in which the business is located. The bankruptcy forms list all of the filer’s debts, assets, and financial information. Filers will also have to attend a court hearing where they will be questioned about their bankruptcy forms. Having a lawyer help you throughout the process will drastically increase the chances of a successful filing.

What Happens to Stocks after Filing Chapter 11 Bankruptcy?

Public companies often prefer to file under Chapter 11 bankruptcy because it allows the company to continue operating and provides an opportunity for a turnaround. The filer usually remains in charge as a debtor-in-possession and continues to run the business while the court restructures the business debt.

Unlike other chapters of bankruptcy, in Chapter 11 cases a trustee is not automatically appointed. However, if the bankruptcy court suspects any fraud or incompetence, it will appoint a trustee to take control over the filer’s financial affairs.

The stock of a company that has filed for Chapter 11 bankruptcy will most likely continue trading. Even if the company gets delisted from the Nasdaq or NYSE, as may happen if it fails to meet listing requirements, it may continue to trade on the Pink Sheets or OTCBB.

However the success rate for holders of Chapter 11 bankruptcy Stock Options is not good. Stockholders will not receive dividends during a bankruptcy proceeding and are at the bottom of the list to get paid off, as bondholders and creditors come ahead of them.

If a company is determined by the court to be insolvent, stockholders may not get anything after bankruptcy. Even if it survives, common stock usually becomes diluted during bankruptcy. Also, the company may issue new shares upon emerging from bankruptcy, at which point the old shares may be canceled. If that happens, the stock may become worthless or stockholders may be able to exchange old shares for new shares in the reorganized company. These new shares, however, are usually fewer in number and lower in value.

Subchapter V and The CARES Act

Subchapter V, or Subchapter 5, makes it easier and cheaper for a business to file for Chapter 11 by modifying or eliminating many traditional Chapter 11 requirements. This makes it easier for small businesses to confirm plans of reorganization and owners to retain their equity and control.

In response to the COVID-19 crisis, the US Congress approved in 2020 the CARES Act. This expands Subchapter V eligibility for a period of one year (or longer if extended by Congress) by allowing companies with up to $7,500,000 (up from $2,725,625) in secured and unsecured non-contingent and liquidated debt to use Subchapter V to reorganize. This increase makes it possible for larger companies to qualify as a “small business debtor” and seek confirmation under the relaxed standards of Subchapter V.

To be eligible for Subchapter V, a debtor must both elect to be a Subchapter V debtor and meet the definition of a “small business debtor.” This usually means someone with $7,500,000 or less in debts, 50% or more of which are from commercial or business activities.

Our legal team here at Roemerman will help you make the most of the bankruptcy tools available to you.

Experienced New York Bankruptcy Attorneys

When life happens and you’re looking for a top bankruptcy attorney in New York, Roemerman Law is here to help you recover from financial misfortunes. We can protect your home from foreclosure and stand up for you in court during a civil lawsuit brought against you by your lender.

If things do not go as planned, you have the security that Roemerman Law will provide sound legal advice to straighten out your financial position. We have the tools, knowledge, and expertise to challenge banks and other lenders in court.

Likewise, if you are facing foreclosure or if bills, credit card debt, and other payments are stressing your finances, we are here to reassess your options, advise you on loan modifications, and find the solution that best fits your financial standing and income.

Whether it’s a Chapter 7, Chapter 11, or Chapter 13 bankruptcy filing, we will be your bankruptcy lawyer, guiding you throughout the process and giving you the best legal advice for your interests.

Do I Need a Personal Bankruptcy Attorney?

As bankruptcy lawyers and attorneys, we have often stood in court, looking around us and seeing homeowners losing their homes or their other property because of poor, or no, legal representation. We have felt for them. Homeowners are real people who deserve real solutions for their problems.

While banks and financial institutions have big legal teams fighting for their interests, homeowners and financially stressed individuals often try to solve their problems on their own. However, they don’t know the bankruptcy filing system, their options, and the consequences of each decision.

That’s why people need a bankruptcy lawyer who will explain all their available choices. For example, most of our clients are surprised to learn that foreclosure is a measure of last resort and is definitely not the only solution available.

We will discuss our clients’ financial situation and sources of income and come up with a detailed plan to save their homes or decrease their personal or credit card and medical debt.

With a bankruptcy law firm like Roemerman Law by your side, you know your interests are well protected. You can stand up to your lender and find a financial result that protects you and your family.

NYC Bankruptcy and David Roemerman

We have the expertise, tools, and legal experience to fight on your behalf.

David Roemerman used to be a Wall Street attorney. He founded Roemerman Law to represent small businesses but then discovered how underrepresented homeowners are in their fight against financial institutions during foreclosure procedures. David Roemerman is part of these people: they are real to him, with real-life problems. These financially stressed people deserve a fresh start rather than a push down.

By representing these people, Roemerman Law is leveling the field to help homeowners defend their rights and protect their lives.

As a law firm, we have often asked ourselves what our clients need. We have discovered that, aside from proper and sound legal advice, they need peace of mind. They need to know that their case is in good hands and they don’t have to stress over every phone call or mail coming through the post.

Our clients also want to understand what is going on with their case and what solution will best protect their assets and income. That’s why we always explain the whole process and their options in layman’s terms.

We don’t want to impress our clients; we want to help them feel secure. Our clients don’t know the process for filing for bankruptcy in New York City. They want to know what is happening, how to declare bankruptcy in NY, what the bankruptcy process entails, and what their options are. We don’t simply explain how to declare bankruptcy in NY; we give back our clients their dignity and self-respect. This is the most precious and valuable gift any law firm can offer.

Do I Qualify for Bankruptcy?

Did you know that Abraham Lincoln, Ulysses S. Grant, Walt Disney, and Mike Tyson have all utilized bankruptcy to help them right their financial ships?

Bankruptcy is nothing to feel ashamed of. Unexpected things happen. Life happens. When we take out a mortgage, we don’t anticipate a long stretch of unemployment, a costly divorce, a death in the family, or a sickness that increases medical bills. These unexpected setbacks can leave you underwater and financially off balance for decades and cause you to miss mortgage, bill, and credit card payments.

People deserve a fresh start. We believe they should be given the opportunity to rearrange their finances and restart their lives. No one wants people living in their cars or selling off their belongings. Our society is better and stronger when people feel secure and can take care of themselves.

Roemerman Law makes sure homeowners and people are given the right to a fresh start. If your interests are not properly represented in a judicial hearing, how can you restart your life?

If you have lost your home or your creditworthiness has been damaged, how can you find a job and care for your loved ones?

By getting proper and reliable legal advice, you can take the necessary steps to rebuild your life. If you are lost in a sea of paperwork and forms you don’t understand, how can you sign them and navigate the complex bankruptcy court? Don’t give away parts of your life without a fight!

How Much Does It Cost to File for Bankruptcy?

The American legal system has developed a range of tools to help people overcome unexpected calamities.

This has resulted in several kinds of bankruptcy, each with its own benefits and challenges. For example, most people are familiar with foreclosure. However, this is a measure of last resort, as you could file for Chapter 7 or Chapter 13 bankruptcy instead.

There are many ways to recoup your financial health. You don’t need to lose your home and belongings and you certainly don’t need to lose your dignity and self-respect. With Roemerman Law, you will have the proper legal advice and all options presented to you to choose the one that best suits your needs.

Before you can decide which kind of bankruptcy is right for you, you should understand what your options are.

Foreclosure

When you buy your home from a financial institution, you promise to pay your lender a certain sum each month until you repay them the money they lent you to buy your home, with interest. In exchange, you give them a mortgage, the right to seize and sell your house, or “foreclose,” if you fail to fully repay the loan.

If you miss your mortgage payments, the bank will start the foreclosure process. During foreclosure, you will be asked to pay your missed payments. Otherwise, your home will eventually be sold at auction, usually at a below-market price, leaving you with a deficiency judgment, meaning you owe the difference between the amount still owed on the loan and the below-market sale price.

In the state of New York, where we practice, the foreclosure process can only be done through the courts: the process is supervised by a court that issues a final judgment authorizing the sale of your home and approving any deficiency, an amount you will still owe even after losing the home. The court can also approve the foreclosure and set the day for the auction of your home.

Roemerman Law knows how the legal system works and how to protect your interests. We know that banks and financial lenders don’t like to foreclose on homes because it’s costly to them and time-consuming. They want homeowners to keep their homes and pay their mortgages.

With your bankruptcy lawyer by your side, you can establish what your other options are, besides foreclosure. These can be to modify the terms of the loan, for example by extending it. We can go to court and have the case dismissed on legal grounds. Or we can slow down the foreclosure process to give you time to re-evaluate your options and find suitable alternatives.

The only thing we ask of you is not to ignore any paperwork, letter, or email sent to you from your mortgage lender. The more time we have to devise our legal strategy, the better your chances of finding a solution that does not lead to foreclosure or the loss of your home.

Chapter 7 bankruptcy is used by individuals and companies to “wipe the slate clean” and start fresh. Any assets that are not “exempt” under the Bankruptcy Code are seized and sold, or “liquidated.” The proceeds are then distributed to the creditors. At this point, an individual usually has most of their debts discharged and starts fresh, while a company is unwound and closed.

A company filing for Chapter 7 often has assets liquidated. However, this is the exception rather than the rule, in personal Chapter 7 bankruptcies, meaning that most individual debtors keep all of their property.

Chapter 13 gives you the option to re-organize your finances by restructuring your debt. If you have fallen behind on some payments, you can ask to pay the arrears in installments in the next 3 to 5 years. The court will take into consideration your disposable income, creditworthiness, and other issues to establish a realistic repayment plan.

With Chapter 13, you get to keep your belongings and home as long as you make your monthly payments.

If you have fallen behind on your mortgage payments, you can file for Chapter 13 before your home is foreclosed. If your disposable income can safely cover your current monthly mortgage payments as well as your arrears, filing for Chapter 13 can save your home.

The Benefits of Bankruptcy

Although going bankrupt is not pleasant, choosing this option could have several benefits for you.

For example, losing your home could make financial sense if the value of your home is lower than what you owe your bank. By going bankrupt, you don’t have to pay more for something that is worth less.

A bankruptcy can also be an opportunity for a new beginning. As bills and unpaid expenses pile up, Chapter 7 or Chapter 13 can help you re-organize your finances and make a fresh start.

Carrying a heavy financial burden for years can be debilitating and drag down your family and business. You could lose your car, your home, and your sanity by trying to make payments that simply cannot be made with your disposable income.

In most cases, Chapter 7 bankruptcy can help you protect your home. You may have to sell other assets and belongings, but your home is the last to be touched. Most courts will exempt your family home and your bankruptcy lawyer will guide you through the proceedings to make sure your most precious real estate asset is safe.

With Chapter 13, you can protect both your belongings and your property: basically, you save all your personal assets.
Filing for bankruptcy is sometimes the only way to ensure a new beginning. Your creditworthiness takes a temporary hit but, in the long term, bankruptcy can be the only rational—and responsible—thing to do.

With the help of an experienced bankruptcy attorney, you will be able to navigate the legal framework and get as much as possible from what the legal system provides for you.

Instead of giving in to your bank or your financial institution, have someone who will stand up for you and make sure your interests are protected.

Contact Attorney Dave Roemerman today to help you protect your interests.

Chapter 11 Bankruptcy Filing for New York Business

Chapter 11 Bankruptcy Filing in New York