fbpx

Month: November 2020

What Happens When Public Companies Declare Bankruptcy?

https://pixabay.com/illustrations/fraud-fake-money-bank-bankrupt-4227099/

Declaring bankruptcy has significant effects on a public company, including severe consequences for its investors. This decision is often derived from cripple debt that the public company cannot pay back under the current terms of agreements. Hence, declaring bankruptcy is the only way for the company to save itself and start running again after facing some considerable losses.

How Do Companies Declare Bankruptcy?

Federal bankruptcy laws determine ways to deal with a business that has declared bankruptcy and governs how the debts of a business will be divided. The two types of bankruptcies that businesses can file for are Chapter 7 and Chapter 11 bankruptcy.

Chapter 7 bankruptcy allows businesses to conduct a “going out of business sale” to generate money so that the company’s debts can be paid off. Chapter 11 bankruptcy, on the other hand, is when a company wants to reorganize its business and categorize the debt so that it can survive and introduce a new business model. If a company files for this kind of bankruptcy, it is allowed to run the day-to-day business but needs the bankruptcy court’s permission to make significant business decisions.

What Happens to the Company’s Stock?

Regardless of the type of bankruptcy that a company chooses to declare, their current stock becomes useless. This is because the common stock, also known as the equity in a company, does not receive much in the bankruptcy proceeding. Creditors, such as bondholders, suppliers, and employees need to be dealt with before the common stockholders.

You might have noticed the “Q” placed on a ticker symbol. This shows that the company is going through bankruptcy proceedings. It is seen as an end mark to investors as even if the company manages to reorganize, its plan automatically cancels all existing shares of common stock. Even after the new stock is issued, the company’s reorganization plan will trade without the “Q,” but the old stock will still retain the “Q.” This often confuses the investing public.

How Stock is Traded After Bankruptcy

As mentioned above, a company can still trade its common stock despite filing for bankruptcy. However, they are often unable to meet the listing standards of important exchanges. Hence, they are required to go to the OTC Markets along with the “Q” attached to their ticker symbol.

It is important to keep in mind that the federal law does not prohibit a company from trading just because it is in the midst of bankruptcy proceedings.

Investing in a Bankrupt Company

Some investors may want to buy or hold the bankrupt company’s common stalk thinking that the company may reemerge, and they would be able to gain the rewards.

However, this is not a smart move. There is no indication that old investors receive any benefits from the organization. In fact, they may incur losses as the old common stock depreciates and holds no real value. The priority scheme set by the federal bankruptcy laws determines that bondholders are to be paid before stockholders because the holders of common stock are at more risk.

Looking to fill out the Texas Bankruptcy Form? Click here. And for more information, speak with an experienced bankruptcy attorney – schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

Payday Loans and Bankruptcy

Payday loans, also commonly known as cash advances, check advances, or paycheck advances, may seem like an appealing option to those falling behind on their bills. However, when people start to rely heavily on payday loans, they can get stuck in a pattern and end up filing for bankruptcy.

What is a Payday Loan?

A payday loan described as a short-term, high-cost loan that is generally for $500 or less. These act as a cushion to your immediate cash needs and need to be paid back within two weeks or close to your payday.

Since payday loans charge triple-digit annual percentage rates (APRs), they can be a burden to repay. In fact, if you’re not mindful, you may end up going overboard, and these negligent payday loans may end up costing you a lot more.

Can Payday Loans Be Discharged When Filing for Bankruptcy?

Payday loans are known as “unsecured debt.” This is because they do not entail any property as collateral in case of failure to pay. Unsecured debt is eligible to be discharged when someone files for Chapter 7 bankruptcy. It can also be added in the court structured repayment plan if filed for Chapter 13 bankruptcy. Through this, the debtor is allowed to repay the loan over time at his/her convenience.

Hardship provision is an option given when filing for bankruptcy. This means that the debtor can remove all or a portion of these debts, according to his personal situation. This can be decided and determined by the bankruptcy attorney based on being unable to complete the repayment plan.

Sometimes, lenders will subtly include a disclaimer in your paperwork, which states that the debt cannot be foregone despite bankruptcy. However, you don’t need to worry; these disclaimers have no place in the court of law. Along with unsecured loans, cash advances and payday loans can be fully discharged in a bankruptcy proceeding.

Loans That Cannot Be Discharged in Bankruptcy Proceedings

The point of declaring bankruptcy is to achieve a fresh start rather than skirting creditors with the intention of never repaying their money. To ensure this, bankruptcy courts state that any debt or loan taken within 60-90 days before filing for bankruptcy cannot be discharged.

Things to Pay Attention To

It is usual for some payday loans to be renewed automatically every month till full payment is received. Lenders might try to twist this in the bankruptcy court to show that the loan is newer than 60 days. However, in such cases, your bankruptcy attorney can make the court aware of the loan’s initial date. This will help the court refer to the date you obtained the loan and rule in your favor.

In case a lender has a post-dated check for an amount that is out of your current budget, make a quick trip to the bank, pay a small fee, and get payment stopped on that check. This will relieve you of additional stress in bankruptcy court.

For more information, speak with an experienced bankruptcy attorney – schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

5 Biggest Mistakes to Avoid with Chapter 7 Bankruptcy

Photo by Daniela Holzer on Unsplash

If you are struggling with a mountain of debt, a Chapter 7 bankruptcy allows you to resolve yourself of the burden and start your financial life on a fresh slate. However, there are a few pitfalls that one should take care to not fall into when filing for a Chapter 7 Bankruptcy if they want their expected case outcome not to be jeopardized. Here are the 5 biggest mistakes to avoid with Chapter 7 bankruptcy.

1. Filing Too Early or Too Late

Before filing for a Chapter 7 bankruptcy, it is often recommended to take into consideration all options on the table. Filing for bankruptcy is an important decision and carries with it serious consequences. It should only be taken once you are fully sure that there is no better alternative choice.

With that said, delaying the decision to file for bankruptcy when you clearly need it can also be harmful. If you are unable to manage your mounting debt, it is better to declare bankruptcy rather than continue suffering from poor financial health.

If you are unsure about when is the right time to file for your bankruptcy, consider consulting an experienced bankruptcy attorney.

2. Not Making a List of Your Debts

If you have multiple debts, it is a best practice to list them and includes in it their outstanding amount. Neglecting to do so before filing for bankruptcy could prevent you from realizing the outcome you were hoping for.

3. Selecting the Wrong Bankruptcy

Quite many debtors make the mistake of filling for Chapter 7 bankruptcy when a Chapter 13 could likely have been the better choice. For instance, one could be struggling to repay their mortgage but can still potentially avoid foreclosure if their repayment plan is readjusted through Chapter 13.

For more information on which bankruptcy to file for which occasion, click here.

4. Missing the Required Documents

This is a very common mistake that typically occurs when one is filing for bankruptcy without a lawyer. A lot of different documents may need to be submitted along with your bankruptcy petition. If a critical piece of documentation is found missing, it can delay your bankruptcy case or influence a more negative outcome. You can even be charged with bankruptcy fraud if the court mistakenly assumes your intent to have been malicious.

5. Not Hiring an Attorney

While virtually all debtors who file for Chapter 7 bankruptcy obtain a discharge, how much the outcome had been ruled in their favor is another question. If you are concerned about the cost of professional help, consider how much more you could lose in terms of property and assets if you approach the bankruptcy process alone.

The Law Offices of Sean T. Flynn provides personalized legal service and consultation to clients filing for bankruptcy under Chapter code 7 and 13. To schedule an appointment or for any queries, call 512.640.3340 or schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

How to Handle a Debt Collection Lawsuit

Constant calls, emails, or lawsuits from debt collectors may stress you out, putting you in a frenzy, but they are more common than you know. The Consumer Financial Protection Bureau states that over 70 million Americans have faced debt collectors at some point in their lives, while approximately 25 percent have felt threatened in their dealings.

Debt collection lawsuits are something people do not like to deal with. The type of language used in collection agencies is enough to ignite fear and panic in individuals. After all, when you are served with a lawsuit, and your wages, bank accounts, and assets are under threat, it is natural to become overwhelmed.

This blog will list down the steps you can take to defend yourself or your company against a debt lawsuit to help you stay composed and collected when served papers for debt. First things first- understand your rights.

Respond to the Lawsuit

If you get served a lawsuit or debt claim, the first thing you need to do is respond to it. Failing to respond in a timely manner results in notices arriving in the form of summons and complaints.

If you owe some debt but can’t afford to pay it, you still need to respond otherwise, the collection agency will form a default judgment against you. Then, they might collect their money through wage garnishments or from your bank account.

Challenge the Collection’s Company Right to Sue

You can respond to a lawsuit by challenging the plaintiff’s right to file the lawsuit. Mostly, when a debt reaches this stage, it has already been sold. This means that person who owns the debt is legally required to prove that they have the right to file a lawsuit. Once served, the burden of proof rests with the plaintiff. This means that the person suing you has to prove that you are solely responsible for the debt, that they can legally sue you, and that you owe a specific amount.

To prove that you owe a specific amount, the collection agency needs to show proof of your balance increasing when you made purchases and that your current balance is accurate and accounts for every dollar you have spent.

However, if you choose not to respond, the court will assume that your silence means that you take responsibility for the debt.

Hire Your Own Attorney

If you cannot afford to pay back the debt, incurring further legal expense is not attractive. However, once you consult your attorney, you will be made more aware of your options and have a higher chance of defending yourself against the debt collection lawsuit.

Sometimes, all you need is a third-party to help you see things from a different situation and pick out key elements you might have missed out and could use to your advantage.

File for Bankruptcy

If you cannot pay back the debt, bankruptcy might be the only option. When you file for bankruptcy, an automatic stay is ordered. This means that all debt collection activity must cease until the bankruptcy process is handled.

For more information, speak with an experienced bankruptcy attorney – schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

Have You Ever Wondered Who Pays for Bankruptcies?

Description automatically generated

If you are a debtor who is out of options and is now thinking of going bankrupt, it might be the right way to go for you. However, if you are an investor, a personal creditor, either secured or unsecured, the situation for you will be very different if one of your debtors goes bankrupt. This is why it is significant to understand how bankruptcies work no matter which boat you are in.

When you start understanding the legal procedures, the first thing that may come to your mind would be as to who really pays for bankruptcies? This question is completely valid. However, the answer is much trickier and complex than you might think. The rationale behind it is that bankruptcy is not a simple process with just one situation that can occur. There are different processes, involving different kinds of bankruptcies, which eventually results in different solutions to cover the costs of different loans that you have.

The basic difference in payment methods results from two different types of bankruptcies, i.e. chapter 7 and 13 bankruptcies. Chapter 7 is applicable when it can be proved that you cannot pay any of your loan at all and so all your assets are taken away to pay back your debts. This type is also called straight bankruptcy, although, there are still several complications in this as well.

Chapter 13, which is also referred to as reorganization, is a plan where the court revisits your payment plan and make changes according to your monthly income. This way, you get at least 3-5 years to pay off some part of your debt and see if there still exists a need of going completely bankrupt. One thing that you need to keep in mind is that both of these are still types of bankruptcies and so if you opt for them, you will have it on your credit for 10 years!

What if All Your Assets are not Enough to Pay Off Your Debts?

This is often the case when big companies go bankrupt. This is why corporate bankruptcy is the most harmful one. However, there is a process through which the court divides the amount recovered. This is done under section 507 of the code which states the hierarchy through which the amount is divided and who is given priority. The priority is always given to secured creditors, after which unsecured creditors are in line, which may include employees and lastly if there is still some recovered amount left, stockholders are entertained. Although, reaching that stage is a rare thing and so unless everyone else is covered, stockholders get nothing!

Even apart from companies, when we are talking about personal bankruptcy when the cost cannot be completely recovered and the money is not paid completely to the creditors, they have to find different, more indirect ways of retrieving that amount. Some personal investors increase their interest rates, while sellers have to increase the profit amount so that they can cover at least some of their losses!

Whether you are a debtor or a creditor, it is always necessary to get legal advice beforehand, to understand these critical processes in an easier way!

For more information, speak with an experienced bankruptcy attorney – schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

Planning for Chapter 7 Bankruptcy – 5 Quick & Helpful Tips

1. Any debt incurred after the bankruptcy filing date does not qualify as part of your discharge. Therefore, it is best to file when one is sure that they are reasonably sure that they won’t be incurring any further unmanageable expenses while during and after the bankruptcy process.

2. Include all qualifiable debts that you believe you won’t manage in your bankruptcy. Once a discharge is given, most debtors have to wait 8 years before qualifying for another debt discharge.

3. If you are moving to another state, time your bankruptcy filing accordingly. Depending on which state you are in and to which you are moving, it may be more advantageous to file while residing in the one with more generous exemption laws.

4. Be mindful of making large payments to preferred creditors, selling assets, or transferring them out of your name shortly before bankruptcy. It can raise suspicion of bankruptcy fraud, and the court trustee assigned to your case can get the money or property back using a clawback provision.

5. Don’t make the mistake of incurring any further debt shortly before filing for bankruptcy. The fact that you purchased items on credit knowing that you won’t pay the creditor back can make you subject to fraud allegations. Even if it does not result in a criminal investigation, the outcome could still be an objection to your discharge.

#chapter7 #bankruptcy #legaltips #bankruptcyadvice #bankrutcyUS #TX #helpfultips #USLaw

Get A Fresh Start

Schedule a time to speak with an expereinced Bankruptcy Attorney today!