Florida Attorney Manages Chapter 11 Bankruptcy

Skilled lawyer assists distressed businesses in the Plantation area

If your corporation, partnership or sole proprietorship in the Plantation 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 Plantation office.

Contact Us

Please fill out the form below and one of our attorneys will contact you.

!
!
!

Office Location

  • Plantation Office

    Address

    150 S. Pine Island Road
    Suite 300
    Plantation, Florida 33324

Choose a location to review

Law Office of Mark S. Roher, P.A. locations:

Ratings & Reviews

  • 5.0/5.0

    I have known and respected Mark for several years now and recommend him very highly to all potential clients. A client needs an attorney who is willing to go the distance and never let up. Mark's considerable track record shows that he is j...
    Read More

    — Peer

  • 5.0/5.0

    — Peer

  • 5.0/5.0

    — Peer

  • 5.0/5.0

    — Peer

  • 5.0/5.0

    I ha e known Mark for over 16 years and worked with him as well as having matters against him and he is an excellent attorney with good temperament and always does a good job for his clients.

    — Peer