Helping you build a strategy to enter, survive and exit a bankruptcy filing
The pre-bankruptcy phase is a delicate balance of legal compliance and strategic preservation. We can help you to "clean the house" before the legal system takes over, ensuring you don't inadvertently commit fraud or lose the ability to restart.
Pre-Filing: Protecting Assets and Avoiding Pitfalls The most dangerous mistakes happen before the filing. The court looks backward at the months leading up to a bankruptcy to find "voidable transfers." We can help you to avoid "Preferential Payments", stop "Fraudulent Transfers", separate personal and business expenses, and manage your cash flow.
Managing the Attorney and the Process Bankruptcy attorneys are experts in the law, but we are the experts on your business. We help you vet the Attorney specializing in your bankruptcy chapter filing in your state. We will walk you through the Schedules Audit and help you gather 100% accurate data. We help you to control the narrative - rather than becoming a victim in the narrative painted by your creditors.
Dealing with Creditors Once the filing happens, an "Automatic Stay" goes into effect, which legally stops all collection actions. However, the period before filing is for strategic negotiation. The period after filing is when we help you build and execute on the plan that brings you out of bankruptcy successfully. Before filing, we help you work with creditors on out of court "Workout Attempts". We help you not find yourself in the position of making promises you can't keep. (Creditors will use this as an example of your "Bad Faith"). We also help you identify and rank your critical vendors - the ones you absolutely need to survive.
Restarting the Company The path to a restart depends heavily on the type of filing and the strength of your business after going through the bankruptcy process. We help you develop a realistic restart plan and help you execute that plan.
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