GOALS OF CHAPTER 11:
Reduce and eliminate unsecured debts.
Reorganize and reduce secured debts.
Stop creditor attachment actions.
Cut/Cramdown under/un-secured mortgages.
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Thank you for reaching out. I know how difficult it can be to take such a step. Bankruptcy under chapter 11 is very complicated and time consuming, but it reaps substantial benefits to businesses and individuals with investment realty, both immediately and in the long run.
The requirements and keys to a successful chapter 11 plan are too complicated to relate in this message. Suffice to say that I have handled over 40 chapter 11 cases in the District of New Hampshire. I know what it takes to put forth a feasible chapter 11 plan, and how to handle the various tricks of the creditors. In addition, there are heavy reporting requirements and interaction with the United States Trustee's office.
I can provide a detailed analysis of your situation as soon as we can talk about it. I believe I can answer most of your questions over the phone, but if you are more comfortable talking in person, we can meet at your home or office, or at one of my several conference rooms across New Hampshire. A typical example of my successes in chapter 11 cases include an individual owning investment properties on which he had given up all hope of retaining after his divorce and chapter 7 filing and discharge. The plan confirmed by the court crammed down the mortgage by tens of thousands of dollars, reduced the interest rate to 3% and extended the term of the "new" mortgage to 40 years. The resulting benefits were such that the individual could actual make a modest profit on the investment properties now that the mortgage was in order.
Because of the complexity and time requirements, chapter 11 cases are very expensive to prosecute resulting in typical fee retainer requirements of $15,000 to $25,000 up front. My rates are much lower and somewhat based on the ability of the business and likely expected performance of the plan. All attorney and professional fees must be approved by the Court in the plan to be binding.
Please let me know if you have any questions, and how and when you want to review your options.