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Chapter 11 Helping You Pursue The Compensation You Deserve

Orange County Chapter 11 Bankruptcy Attorney

Guiding Your Business Through Chapter 11 Bankruptcy

The Chapter 11 bankruptcy is many times referred to as Business Debt Reorganization. In a Chapter 11 bankruptcy, the debtor remains in possession of all assets and the ongoing business.

A Chapter 11 bankruptcy will allow your business to recover from its previous poor business decisions. A Chapter 11 bankruptcy allows a business to continue to operate without the day to day burden of their pre-existing debt obligations. It gives the business an opportunity to develop a plan to restructure its debt and to relieve the business of leases and contracts that are economically unfeasible. In a typical Chapter 11 bankruptcy proceeding, management continues to run the day-to-day operation of the business. Many significant business decisions, however, may require court approval, such as liquidating the assets of the business.

It is important to remember when choosing a bankruptcy attorney in Orange County, that not all attorneys have the requisite knowledge and experience in handling these matters. The Law Offices of Joseph M. Tosti has been committed to representing those consumers and businesses that have been suffering from severe financial hardship for over a quarter of a century.

Let our Orange County Chapter 11 bankruptcy lawyers guide you through the bankruptcy process! Call (949) 245-6288 for a free consultation that will get you started on the right path.

How Long Does Chapter 11 Bankruptcy Take?

Chapter 11 bankruptcy cases can take months or even years to complete, depending on various factors. Chapter 11 involves the reorganization and restructuring of a business's debts and operations, and it typically involves more complex financial arrangements compared to other bankruptcy chapters. 

Factors Influencing the Duration of Chapter 11 Cases:

  • Size and complexity of the business
  • Number of creditors involved
  • Level of cooperation among parties
  • Efficiency of the bankruptcy court

Smaller businesses with simpler financial structures and fewer creditors may be able to complete the Chapter 11 process more quickly through Subchapter V, often within several months. On the other hand, larger corporations with extensive operations, numerous creditors, and complex financial arrangements may require more time to formulate and gain approval for a comprehensive reorganization plan. These cases can take several years to complete.

The duration of a Chapter 11 case can also be affected by unforeseen circumstances, such as litigation or disputes that arise during the process. Litigation or objections from creditors can result in additional time being needed to resolve these matters before the case can proceed.

What Happens After Chapter 11?

After a business files for Chapter 11 bankruptcy, several key events and processes typically occur. Here's an overview of what happens after a business files for Chapter 11:

  • Automatic stay: Upon filing for Chapter 11, an automatic stay goes into effect. This stay halts all collection actions, including lawsuits, creditor harassment, foreclosure, and repossession efforts. It provides the debtor with temporary relief and protection from creditors while the reorganization process takes place.
  • Debtor-in-possession (DIP): In a Chapter 11 case, the debtor, which is the business itself, usually continues to operate under the role of a debtor-in-possession. The DIP retains control and management of the business operations while working towards formulating and implementing a reorganization plan.
  • Creation of creditors' committee: In larger Chapter 11 cases, a committee of unsecured creditors may be formed. This committee represents the interests of the general unsecured creditors and plays a role in negotiating and approving the reorganization plan. The bankruptcy court appoints the committee, which typically consists of the creditors with the largest claims.
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Dedicated to Providing Quality Representation

How We Have Served Our Clients

At The Law Offices of Joseph M. Tosti, APC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Advice & Guidance Invaluable"
    Joe's advice and guidance, before, during, and after my bankruptcy were invaluable!
    - Hazlett V.
    "Very Communicative"
    Kathe kept me abreast of the entire process and was very communicative.
    - Aubry P.
    "Honest Quality"
    It was a great experience for what it is, with everything completely done with out complications. Joe tosti law offices is honest , quality attorney.
    - Dee P.
    "A GREAT ATTORNEY!"
    Almost immediately as I came in to his office, he handled it, and got the job done. Great service, fast and affordable! Joseph and his team helped me out big time. I felt at ease during the whole process. Highly Recommended.
    - James
    "El Sr. Tosti se ocupa de los negocios y hace el trabajo. No se conforma hasta que sabe que su cliente ha sido muy bien compensado0."
    Estoy EXTREMADAMENTE contenta con su profesionalismo y servicio rápido.
    - Ericka P.
    "Mr. Tosti takes care of business, & gets the job done. He doesn't settle until he knows his client has been compensated very well."
    I'm EXTREMELY happy with his professionalism & prompt service.
    - Ericka P.
    "He's extremely knowledgeable and knows exactly what he's doing. "
    I highly recommend him! Thank you to you and your team!
    - Nicole L.
    "I couldn't be happier with my choice for legal representation."
    Thank you guys for being awesome.
    - Jason B.