How Can CLA Help You

If your business is unable to repay outstanding debts, then Bankruptcy may be the next logical legal step to help protect you and/or your business. Depending on your unique circumstances, there are a few options for you:

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Chapter 7

Liquidation

Used when there is substantial debt and restructuring the debts still won’t solve your debt issues. For corporations, partnerships and sole proprietorships.

Chapter 11

Business Reorganization

Used when there is substantial debt and restructuring the debts still won’t solve your debt issues. For corporations, partnerships and sole proprietorships.

Chapter 13

Adjustment of Debts

Typically for individuals but Sole Proprietorships use this chapter since they are not distinguishable from their owners. Use when reorganization vs liquidation is your goal (stay in business vs close the business).

Who can benefit
from filing bankruptcy?

Bankruptcy can provide a fresh start to eligible businesses by wiping out (discharging) certain debts. There are many questions that we can help your business with before filing for bankruptcy and getting the right answers will play a big role in the success of this process:

  • Is it the right time to call it quits or do you think your business can become viable again? A Chapter 11 or Sub V bankruptcy might be the right call.
  • - Is restructuring a better option for me or will I still be lacking revenue streams for my business?
  • - Is it better to take out a loan or should I file for bankruptcy?
  • - Do I need to file for bankruptcy to close my business?
  • - Do I need to file chapter 7, chapter 11 or chapter 13?
  • - Will I lose everything by filing for bankruptcy?
  • - Are there other ways to file for bankruptcy and will I ever be able to open another business?
  • - What am I personally liable for?

We believe that filing bankruptcy can be the right answer for many people however it should be a last resort for anyone in financial distress.

Bankruptcy Can
Be Used (In Certain
Circumstances)
As A Tool To:

Stop Creditor Harassment
and Lawsuits
Stop Repossessions
Reduce Car Loan
Balances And Interest Rates
Save Your Assets
and Business
Eliminate Or Reduce Taxes
Eliminate Lease Or
Supplier Obligations For
Business Owners

What Bankruptcy
Filing Is Best For You?

For corporations, LLCs, partnerships, and sole proprietorships there are basically 4 options that you can work with, each of them with their own benefits: Chapter 7, Chapter 13, Chapter 11, or Chapter 11 sub 5 Bankruptcy.

You should review each chapter and find the one that would work best for you or schedule a consultation with us and we will use our experience to help you choose the right bankruptcy type for your business. Even with all of the great benefits that bankruptcies carry with them, our firm believes that bankruptcy should be a last resort for anyone in financial distress.

Why Choose Us

Our firm believes everyone deserves quality and compassionate legal representation. Let our years of experience work for you.

Compassionate

We understand where you’re coming from. All members of our team have years of experience helping people who are having extreme financial difficulties. We are here to help you get through those troubling times.

Experienced

Our Attorneys have helped thousands of consumers and have been practicing law in the state of Florida for decades. We know bankruptcy and consumer law inside and out. You can utilize our years of experience to navigate your current situation and find a solution.

Aggressive

We are a passionate and aggressive firm dedicated to protecting consumer rights. If any of your creditors have violated your rights, WE WILL pursue them for damages on your behalf.

New for Business!

The Small Business
Reorganization Act of 2019

The Small Business Reorganization Act of 2019, which took effect February 19th makes a successful Chapter 11 reorganization more of a possibility for businesses.
The act implements a new subchapter of Chapter 11 (Subchapter V) called a "Small Business Debtor Reorganization," which is available to debtors that have no more than $2,725,625 of secured and unsecured debt. It is available to both companies and individuals whose debts primarily arose from commercial or business activities.

How It Works:

Some of the main advantages to debtors under the act include:

  • - Streamlined procedures meant to make the process more efficient, economical, and less burdensome to the debtor;
  • - The exclusive right to file a plan;
  • - Generally, no creditors' committee;
  • - Generally, no requirement of filing a disclosure statement;
  • - The elimination of the "absolute priority rule," which made it difficult for business owners to retain their ownership interests;
  • - The ability to confirm a reorganization plan, even if no creditors vote to accept the plan; and
  • - For individuals who file a Subchapter V bankruptcy, the ability to modify certain residential mortgages, if the underlying loan was not used to acquire the residence and was primarily used in connection with the small business.

The new act creates a tool for bankruptcy attorneys. Businesses that would have previously had to liquidate now may have a new chance to survive.

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What are these Chapters and how do they work?

You may or may not know that there are different types of bankruptcy filings. These types are called chapters because they refer to different chapters in the United States Bankruptcy Code. Each of these chapters allow for different types of debt relief for different types of individuals and entities. For this page we will focus more on Chapter 7, Chapter 11, and Chapter 13 Bankruptcy and ignore Chapters 9, 12, and 15.

Chapter 7

Bankruptcy is sometimes referred to as a “personal bankruptcy” case. Chapter 7 has also been called a “Personal Bankruptcy”, “Straight Bankruptcy,” and “Bankruptcy Liquidation.

Chapter 11

is a Reorganization or Restructuring of corporations and partnerships.

Chapter 13

is a Reorganization/debt repayment for individuals with “regular income”.

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Ch 11 Sub V

Streamlined reorganization for small businesses with less than $2,725,625 of debt

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