Florida Attorney Manages Chapter 11 Bankruptcy

Skilled lawyer assists distressed businesses in the Pembroke Pines area

If your corporation, partnership or sole proprietorship in the Pembroke Pines area or Florida is struggling with substantial debt, Law Office of Mark S. Roher, P.A. can help guide you through the Chapter 11 bankruptcy process to keep your business viable while you develop fresh strategies for future growth. Often referred to as “reorganization bankruptcy," Chapter 11 permits your business to operate while you pay creditors part of what you owe under a court-ordered payment plan. As an experienced bankruptcy attorney, I can help you file Chapter 11 quickly and efficiently. Once your business has filed for bankruptcy, creditors must immediately stop collections efforts, including harassing letters and phone calls.

Proven adviser guides business clients through the Chapter 11 bankruptcy process

A Chapter 11 bankruptcy case can take anywhere from a few months to two years to resolve. During that time, owners continue to operate the business as “debtors in possession," unless the court detects fraud, dishonesty, incompetence, and gross mismanagement that necessitates the appointment of a trustee.

The bankruptcy court or the trustee makes major decisions for the debtor while the business remains in bankruptcy. Such matters might include:

  • Sale of assets, except for items of inventory
  • Entering into or breaking a lease for property or equipment
  • Mortgages or other secured financing arrangements for borrowing during the bankruptcy
  • Discontinuing or expanding operations
  • Modifying union, vendor, licensing, and other contracts
  • Fees and expenses to attorneys and other professionals

After filing, the debtor enjoys an exclusivity period, which the court can extend or shorten, during which only the debtor can propose a restructuring plan for addressing the debt. When the exclusivity period expires, the creditor committee can propose a competing plan. Creditors generally look to secure a greater guarantee of repayment than the debtor is offering, and may request a liquidation of assets and a downsizing of operations to get a higher initial payment on the debt. Although creditors have a voice in approving or rejecting a Chapter 11 plan, the court has the final say and decides to confirm a plan based on requirements that include:

  • Feasibility
  • Good faith
  • Best interests of the creditors
  • Fairness and equity

Confirmation of the reorganization plan discharges your business debts that were acquired prior to the plan’s confirmation. Your business is bound by the terms of the reorganization plan, which forms new contractual terms that supersede all contracts entered into prior to your bankruptcy discharge.

Since the future success of your business depends greatly on the quality of your Chapter 11 plan, you should seek reliable advice from an experienced business bankruptcy attorney.

Knowledgeable lawyer helps sole proprietors and partners protect their personal assets

The owner of a sole proprietorship does not have an identity separate from the business, so the bankruptcy court does not distinguish between the business’s assets and the owner’s personal assets. The filing of Chapter 11 bankruptcy places the owner’s assets at risk. Law Office of Mark S. Roher, P.A. can develop successful strategies to protect your personal assets from your business’s creditors while putting your business in the best possible position to succeed going forward.

The owners of a corporation filing Chapter 11 do not risk their personal assets except for their investments in the corporation. However, certain partners might find their personal assets at risk. I work for resolutions that advance the business’s best interests while protecting corporate stockholders or partners of the business.

Contact an experienced Florida bankruptcy attorney for your Chapter 11 filing

Law Office of Mark S. Roher, P.A. assists with Chapter 11 business bankruptcies throughout Florida. Call 954-353-2200 or contact me online to schedule your free consultation at my Pembroke Pines office.

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Office Location

  • Pembroke Pines

    Address

    1806 N. Flamingo Road
    Suite 300
    Pembroke Pines, Florida 33028

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Ratings & Reviews

  • 5.0/5.0

    I hired Mr. Roher for a civil matter that involved a debt that is owed to me for a van that I purchased, where payments were never made to me that were promised. Mr. Roher was recommended to me and has been eager to help me with whatever is...
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    — Client

  • 5.0/5.0

    Mark S. Roher has been with Boca Gas Company for over 5+ years. He is a reliable and trustworthy legal source. He has served us in several lawsuits and has always been a steady consult when in times of trouble. He is a great asset to call u...
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    — Client

  • 5.0/5.0

    Mark Roher is a fantastic co-counsel and has been great in assisting with our clients' bankruptcy issues. He is very attentive and reliable and always provides detailed explanations. I highly recommend Mark!

    — Client

  • 5.0/5.0

    i am grateful for mr Roher he is professional in his Business strick on time with Dacuments and precise

    — Client

  • 5.0/5.0

    After attempting to file bankruptcy for numerous years unsuccessfully with two attorneys, I finally hired Mark Roher and to my amazement, he was able to file my chapter 7 bankruptcy within weeks. Mark was very professional, knowledgeable, ...
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    — Client