A lawyer is necessary when filing for Chapter 11 bankruptcy because the debtor needs to ensure that all documents are completed and filed in a timely manner. Filing Chapter 11 is more complex, expensive and time consuming than other bankruptcies so a lawyer would be able to advise when further steps should be taken and also ensure that the debtor’s rights are protected and there is no loss of property.
A Chapter 11 bankruptcy is an option usually favored by corporations or individuals who wish to have some control in reorganizing their debts and settling with creditors over time. In some cases, the debtor may be named as a debtor in possession, even though all actions are subject to the rulings of the court. In other cases, a court appointed trustee will manage the estate and make decisions. A chapter 11 bankruptcy lawyer would better advise a client on the best decision to make on this matter.
The importance of a lawyer is heightened when the following schedules need to be filed, initially: schedules of liabilities and assets, the current expenditures and incomes, executory contracts and leases that have not expired; and a financial affairs statement. Some debtors, mainly individuals, must also file: evidence of credit counseling, enrollment in a debt repayment plan, the salary received within 60 days prior to filing bankruptcy; a monthly net income statement and any increase in expenses or incomes post filing, as well as a record of any funds owed to state or federal tuition accounts. The courts require different information from debtors and this can be very confusing, which is another reason why a lawyer is necessary when filing for Chapter 11 bankruptcy.
Due to the complexity of Chapter 11 filing, there are times when the process can seem never-ending and a lawyer will ensure that the case is settled with a timely resolution. At the end of the day, while it may seem less costly to figure out what papers need to be filed on your own, it will make this difficult time less stressful if a lawyer is retained.
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