Navigating Chapter 11 Bankruptcy in Louisiana

November 10, 2023

Navigating Chapter 11 Bankruptcy in Louisiana

Filing for bankruptcy can be a daunting process, especially if you're a business owner or an individual with substantial assets to protect. The fear of losing everything can be overwhelming. That's when Chapter 11 bankruptcy comes into play. While it's often associated with big corporations, individuals and small businesses can also file for this kind of bankruptcy. In this blog post, we'll dive deep into the workings of Chapter 11 bankruptcy, its benefits, and how you can file for it if you're a Louisiana resident.


Chapter 11 bankruptcy is a legal process that allows businesses and individuals to restructure and reorganize their debts, to keep the business running, and to restructure the debts while being protected from legal action taken by creditors. This means that the debtor can retain control of their assets and operations, which is essential for businesses. Chapter 11 is ideal for businesses that are overburdened with debt, but that have the potential to turn things around with the right legal guidance.


One of the biggest benefits of Chapter 11 bankruptcy is that it allows the business to continue operating during bankruptcy proceedings. This can help maintain cash flow and can enable the business to restructure debts in a more practical and productive manner. An additional benefit of Chapter 11 is that it allows the debtor to renegotiate contracts and leases to create more favorable terms for themselves.


Before filing for Chapter 11 bankruptcy, it's essential to seek legal assistance as it requires adequate legal knowledge and expertise. One also needs to file a petition for Chapter 11 bankruptcy, which is a complex process that requires proper documentation and financial disclosure. It's crucial to hire a Chapter 11 bankruptcy lawyer who can help you navigate the legal process while crafting a plan for restructuring your debts, selling assets, and negotiating with creditors.


At De Leo Law Firm, LLC, we have experience Chapter 11 bankruptcy for Louisiana residents. Our team of highly skilled lawyers not only has experience representing businesses during the bankruptcy process, but we also have a deep understanding of how to navigate the legal landscape, make creditors happy and expedite the process. Our firm will help you with the paperwork, appear in court for you, and represent you in various other legal avenues.


Navigating Chapter 11 bankruptcy can be a stressful and complicated process. It's crucial to hire an experienced attorney to guide you through the legal landscape. The team at De Leo Law Firm, LLC, has the expertise and experience to assist Louisiana residents with Chapter 11 bankruptcy matters. Contact us today to discuss your financial situation and how we can help you restructure your debts and move forward.

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The Importance of Hiring a Bankruptcy Attorney in Chapter 13 Cases

November 1, 2023
Filing for bankruptcy can be a daunting and overwhelming process, especially when you’re not familiar with the legalities involved in the filing. Chapter 13 bankruptcy, in particular, can be quite complex and challenging to navigate without professional guidance. This is where the role of a competent and experienced bankruptcy attorney comes in. Bankruptcy attorneys are trained and knowledgeable about the intricacies of the bankruptcy process. In this blog post, we’ll delve into the importance of hiring a bankruptcy attorney, the benefits you stand to gain, and what exactly they do during the bankruptcy process.  1. Expert Legal Guidance and Advice: Filing for chapter 13 bankruptcy is not a decision that should be taken lightly. It is essential to ensure that you have all the necessary information before you make a move. This is where a bankruptcy attorney comes in. They provide expert legal guidance and advice, ensuring that you make an informed decision before filing. A qualified attorney has years of experience in handling complex bankruptcy cases, and they can review your financial situation, suggest viable options, and help you make the best decision. 2. Professional Representation and Advocacy: With a competent bankruptcy attorney on your side, you have an advocate who will represent you in court. They will work tirelessly to ensure that your rights are protected and that you get the best possible outcome. Bankruptcy attorneys understand the legalities involved in chapter 13 cases and can provide you with the best defense possible. 3. Reduction of Stress: Filing for chapter 13 bankruptcy can be an emotionally draining experience. However, with legal representation, your attorney will lift most of the burden off your shoulders. Your attorney will take care of all the paperwork, court filings, and communication with your creditors. This means that you will have more time to focus on yourself and your family, reducing your stress levels considerably. 4. Handling of Complex Paperwork: Filing for chapter 13 bankruptcy involves tons of paperwork that only a professional can manage effectively. Bankruptcy attorneys have been trained to handle these legal documents, ensuring that everything is in proper order, reducing the risk of errors, and speeding up the process. This also ensures that your case does not suffer any setbacks due to paperwork errors. 5. Negotiation with Creditors: One of the primary tasks of a bankruptcy attorney is to negotiate with your creditors. They will work with your creditors to come up with a repayment plan that suits your financial situation. Your attorney will ensure that you get a fair deal by negotiating lower interest rates, reduced monthly payments, extended payment plans, or even debt forgiveness, depending on your unique situation. Filing for chapter 13 bankruptcy in Louisiana can be intimidating, but with the help of a competent bankruptcy attorney, you can make the process more manageable. A bankruptcy attorney provides expert legal guidance, professional representation, and advocacy, reduces stress, handles complex paperwork, and negotiates with creditors on your behalf. Get in touch with a reliable bankruptcy attorney today and take your first step towards financial freedom.

Debt Limit Increased for New Chapter 11 Subchapter V

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In February, 2020, a new Subsection V to Chapter 11 of the Bankruptcy Code became effective. As many of you are aware, Chapter 11 is generally used for the purpose of reorganization by businesses or by individuals whose debt exceeds the Chapter 13 debt limitation (below $394,725 in unsecured debt and below $1,184,200 in secured debt). Chapter 13 debt limits can easily be surpassed by individuals who have personally guaranteed business debt or have large student loans. The problem with Chapter 11 to small businesses and individuals is that it moves slowly and is very expensive as it was originally designed to reorganize large corporations. As an alternative, Congress finally passed a new Subchapter V which creates a shorter, more cost effective, stream-lined approach for small business and personal reorganization. As passed, individuals and businesses that qualify as a "small business debtor" are eligible for relief. To be a "small business debtor," the following criteria are required: (i) debtor is engaged in commercial or business activities; (ii) debtor has no more than $2,725,625 of non-contingent liquidated secured and unsecured debt; (iii) 50% of debt must have been generated from business or commercial activity; and (iv) the debtor cannot have as its primary activity the ownership of single asset real estate. Under the recently passed CARES Act, the debt limit for a Subchapter V entity has been increased, applicable only for 12 months since the passage of the Act, to $7,500,000. However, this only applies to Debtors filing their cases AFTER the passage of the CARES Act in March, 2020. The higher debt limit will help many small businesses and individuals who would otherwise been ineligible had the losses not occurred after the outbreak of COVID-19.

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Every part of the country has been affected by the coronavirus. Like restaurants, arenas and other locations where people assemble for business or pleasure, most courts have been closed. If you are in the midst of a bankruptcy proceeding, your case might be delayed, handled telephonically or be otherwise disrupted due to the pandemic. Furthermore, as bankruptcy courts attempt to improvise solutions for debtors and creditors, the country’s economic upheaval indicates that the system might soon become overwhelmed. Regardless of what you hear on the news or from friends, don’t assume either that your case is definitely delayed or that it will remain unaffected, as courts typically make these decisions based on local conditions. However, you should be aware that potential impacts to your bankruptcy proceedings might include: Court closures — Many federal courthouses have been off limits for understandable reasons. In Detroit, a court was closed after a security officer tested positive for COVID-19, an example of local conditions preceding top-down decisions to close. You can check with your lawyer, call the court or see updates on closures in your state here . Telephonic creditors’ meetings — As the pandemic was spreading across the country, the U.S. Trustee ordered that Section 341 Creditors’ Meetings no longer be held in person. Depending on the specific COVID-19 restrictions in your area, Section 341 meetings might still be happening virtually. If you just filed recently, your notice should arrive in the mail shortly with a meeting date and possibly instructions for holding the meeting online or by phone. Payment and filing deadlines — Dates for filings and payments have not changed, and you should assume that the court will still require that all deadlines be met unless you have received a written notice informing you otherwise. In-person signatures — Normally, bankruptcy petitions require a “wet signature” — meaning pen-to-paper, in-person signatures. Depending on where you live and current social distancing restrictions, these requirements might be waived. Changes in the court system due to COVID-19 may differ from one locality to the next. Consult an experienced bankruptcy attorney to help you navigate constantly evolving processes and changing norms, so that you can emerge from bankruptcy as quickly and successfully as possible. Contact a dedicated bankruptcy lawyer to learn about your options [ln::firm_name] represents clients in bankruptcy proceedings and other debt relief matters. For a consultation regarding your case, please call [ln::phone] or contact the firm online.
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