Duties of a Corporate Bankruptcy Attorney

Bankruptcies are some of the most complex areas of law in the United States. It is therefore important for companies to bring in experts who can help the firm find its way through those laws. In fact, when filing, the lawyer will need to deal with contract law, tax law, corporate law, and real estate law. Hiring a corporate bankruptcy attorney is important for any company which files for bankruptcy. Corporate bankruptcy attorney is involved in protecting the interests of investors and ensuring all federal bankruptcy laws are followed. A corporate bankruptcy attorney is the one that is best able to advice the bankrupt company about using either Chapter seven or Chapter eleven bankruptcies. They will explain that the Chapter Eleven bankruptcy will suit a company that wishes to reorganize its holdings and wants to transform the company back into a profit-making corporation. A corporate bankruptcy attorney may recommend that the bankrupt company file for Chapter seven bankruptcies if they are convinced that the company should cease its operations and shut down its operations immediately. It is therefore important for a bankrupt company to hire a corporate bankruptcy attorney who will then guide the company in the best possible manner through the entire corporate bankruptcy process which otherwise can prove to be very trying.

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A corporate bankruptcy attorney can advise the organization it represents on how the laws are written in the state in which the organization is located. This is an essential part of the representation; therefore, business bankruptcy attorneys should practice in the state in which the petition will be filed. An important distinction in developing a plan with the courts is to understand the difference between secured and unsecured debt. Secured debt is that which is connected to assets such as a property. Unsecured debt is debt such as credit cards which are not backed up by assets. Unsecured debts can be discharged, or eliminated by the courts. That is not possible with secured debt. A debtor has two options: either he can make the payments and make up the back payments or let the asset taken away. Creditors can have legal rights to the secured debt, making claims on the organization's assets. But complications can arise if the assets have claims on them such as loans or liens against property.

The corporate bankruptcy attorney will arrange for a debt adjustment, or a plan to repay the debts that the organization can handle with the current financial situation. Some of the debt may be discharged, leaving the company with less of a credit burden than before. A discharged debt is one that can be erased through the action of the court. A debt must be repaid, even though the terms may change. If in case the business continues to function normally, while maintaining control of its assets as corporate bankruptcy attorneys help the owners reorganize the debts.

A decline in sales can lead a business to amassing debt that a company cannot repay, so a corporate bankruptcy attorney will not only examine and advise the business on how to approach the court, but also urge the business leaders to change business practices so that the downward trend will take an upward turn. That means that the company may also need to hire experts like corporate accountants to show it where the business practices need to change to optimum sales advantage. Sometimes, the downturn is due to a sudden loss of revenue that makes it difficult to pay suppliers and other creditors. This could come from contracts with other firms that are no longer renewed, some wrongdoing on the part of an employee that results in a lawsuit or government fines, or even a drop in stock prices. At this time, creditors may force the company into filing, especially if the creditors find that the owners are selling off assets to pay debts. Corporate bankruptcy attorneys can help owners file in emergency situations where these creditors are harassing them.

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