Hampton, AR asked in Bankruptcy and Consumer Law for Arkansas

Q: Company I bought mobile home is filing chapter 11 bankruptcy

Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Your post omits almost all the facts necessary to answer your question.

That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the unsecured creditors' committee (appointed by the US Trustee at the first meeting of creditors) is very much involved to maximize the price(s) obtained for whatever assets are to be sold.

In either event, a "settlement" of your indebtedness for less than its face amount will require approval by the bankruptcy Court, and be subject to objections by any creditor or other interested parties.

Speak to an experienced bankruptcy attorney licensed to practice in your jurisdiction, who, after a full review of the facts around your specific debt, and the nature of the larger case, will give you recommendations for the best path forward.

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: It's essential to review the bankruptcy documents carefully and consult with a bankruptcy attorney to understand your options. You may need to file a claim in the bankruptcy proceedings to protect your interests and potentially negotiate a better outcome. Make sure to act promptly, as there may be deadlines for responding to the bankruptcy filing.

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