CHAPTER 7 – Consumer Bankruptcy

March 17th, 2009

Under the new bankruptcy laws, bankruptcy is still an available option for consumers facing financial difficulties. It is now more important than ever to have a trusted, bankruptcy attorney working for you. The telephone should no longer be an instrument of torture and that mountain of bills can be a memory. 

To assist you, below are some common financial warning signs:

• Are any of your credit accounts more than 30 days late?

• Do you pay only the minimum payment due on your credit cards a majority of the time?

• Do you float or bounce checks in order to put food on your table or pay monthly expenses such as electric or gas?

• Have you borrowed money from a loan to payday or vehicle title loan source?

• Do bill collectors call you at home or work?

• Do you have multiple mortgages on your house?

• Have you reached the credit limit on one or more of your credit cards?

• Have you borrowed money to pay off your credit cards (including balance transfers) and accrued significant balances again?

• Do you lose sleep at night because you worry how you are going to pay your bills?

• Do you live from paycheck to paycheck with no source of funds for unexpected obligations?

• Have you borrowed money from friends and/or relatives to meet obligations?

• Do you pick and choose which accounts to pay because you can’t afford to pay all of your obligations?

• Has your credit line been stopped by one or more creditors?

• Is your house in jeopardy of foreclosure?

• Has your house been foreclosed or your car repossessed leaving you with a balance due on the property that you no longer own?

• Do you stress over your finances?

• Are you afraid or hesitant to answer your telephone because you don’t want to be abused or belittled by a representative attempting to collect money from you?

• Do you write checks hoping they don’t clear your bank before your paycheck gets deposited?

• Do you make excuses to yourself or those around you as to why you can’t pay your bills?

If you answered yes to any of these questions, you should contact a qualified bankruptcy attorney for consultation.

The Nacol Law Firm PC
Advising clients in the Dallas / Fort Worth Metrolplex area
on all Bankruptcy Matters
tel:  972-690-3333

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Chapter 11 Business Bankruptcy

March 11th, 2009

The key to a successful Chapter 11 bankruptcy is pre-bankruptcy planning.  There are great powers afforded to Chapter 11 Debtors, such as the ability to object to your creditors’ claims, avoid liens, reject leases and contracts with no penalty, extend the time for repayment to existing creditors or even reduce the amount owed or paid to them.  The ultimate purpose of a Chapter 11 case is to get a Plan of Reorganization (repayment) confirmed by the court. This is by no means a simple task and the requirements for doing this are rather complex. The Plan is basically a contract with one’s creditors as to how they will be repaid, and from what source. The creditors have to vote for the Plan in certain numbers, or if they do not vote in sufficient numbers for the Plan, they may be forced to accept the Plan if other requirements are met. There are many ways to formulate a Plan, subject to the requirements and limitations of the Bankruptcy Code, and the more skilled attorneys will explore all avenues to improve your business and financial position.

Often there is litigation associated with any Chapter 11 case, either with the Debtor attacking the creditors, or vice versa. 

While each case is different, your business may be able to avoid liquidation if a carefully crafted debt reorganization plan is presented and accepted by the creditors’ committee.  The Nacol Law Firm PC understands what needs to be done in order to salvage what you have worked hard to build.

Specifically, we suggest:

• Boards of directors’ considerations and management of troubled companies before and during Chapter 11 proceedings, including counseling financially distressed companies of viable alternatives to commencing a bankruptcy case, problems and solutions which may or will arise in bankruptcy cases and structuring the potential resolution of same prior to their emergence 

• Cash collateral negotiations and debtor- in- possession financing arrangements

• The purchase and sale of businesses and assets from Chapter 11 debtors

• Complex Chapter 11 plan negotiations and the litigation of contested plan confirmation issues

• Preference litigation and fraudulent conveyance litigation

• Enforcing the rights of secured creditors

• Single asset real estate partnership cases

• Corporate restructuring advice

The Nacol Law Firm PC
990 South Sherman Street
Richardson, Texas 75081
Metro: 972-690-3333

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Serving clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.