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To determine the best way to proceed, and whether Chapter 7 or Chapter 13 bankruptcy are right for you, you should meet with an experienced bankruptcy lawyer. A bankruptcy lawyer can help you create a strategy to protect your assets and ensure that your bankruptcy petition goes as smoothly as possible. Family members.
Drawing on secured credit facilities is less of a winning proposition. Securedcreditors can foreclose on their collateral if they are not paid and have special rights in a reorganization proceeding. If nothing else, the credible threat of filing bankruptcy can be used in negotiations with creditors.
Companies are nevertheless still required to file first day motions, including, for example, motions to use cash collateral, to make “adequate protection” payments to securedcreditors after the petition date and before the plan is confirmed (via the Subchapter V trustee), and to file applications to employ professionals.
Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The main disadvantage of Chapter 7 bankruptcy is that anything subject to a security interest is not exempt (home, automobile) and can be seized to satisfy the debt connected to the specific item. What Debts are Discharged in Bankruptcy?
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