When a business or individual files for Chapter 11 bankruptcy, a common question is, “Who actually runs things now?” Under Chapter 11 bankruptcy, a debtor-in-possession is a role that blends business leadership with legal responsibility. Instead of relying on a court-appointed trustee right away, the debtor usually continues running the day-to-day operations of their business.

Choosing a way forward after financial strain can feel overwhelming, especially since options like individual bankruptcy often carry long-term consequences. Chapter 7 and Chapter 13 are the typical options when discussing individual bankruptcy. However, these chapters differ significantly in how they address debt, affect credit, and shape the timeline for long-term financial recovery.

When a company faces financial difficulties, the choices for addressing obligations can be limited. Depending on your situation, company restructuring outside of court can be a viable alternative to formal bankruptcy proceedings. This approach allows your business to address financial challenges more efficiently while maintaining operational control.

When a business faces mounting debt and dwindling resources, the first option many owners think of is bankruptcy. While bankruptcy can be an effective solution in some cases, it isn’t the only one available. In New York, an assignment for the benefit of creditors (ABC) can often provide a faster and more efficient way to handle financial distress.

Filing for bankruptcy provides debtors with a critical legal protection called the automatic stay. From the moment a bankruptcy petition is filed, this provision immediately halts most collection efforts by creditors. It prevents lawsuits, wage garnishments, foreclosures, and other actions that could worsen a debtor’s financial situation.

Filing for bankruptcy is a significant decision. While it can offer a fresh financial start, many individuals are concerned about the impact it will have on their credit report. One of the most common questions we encounter at Todd E. Duffy PLLC is, "How long will bankruptcy stay on my credit report?"

Deciding to file for bankruptcy can feel like stepping into uncharted territory. It's completely natural to feel overwhelmed, especially when the specter of losing treasured assets like your family home or the car you rely on for work looms large. These aren't just possessions; they represent stability, independence, and a sense of security.

When a company finds itself drowning in debt and unable to pay its creditors, it faces a difficult choice: bankruptcy or a different method of managing its obligations.

Financial distress is one of the most difficult challenges a business owner can face. Whether the issues stem from cash flow shortfalls, declining revenue, operational setbacks, or external pressures, the decision to restructure debt or pursue bankruptcy is never easy.

Filing for Chapter 11 bankruptcy can offer businesses a real opportunity for recovery, but the road is rarely smooth. Business owners entering Chapter 11 often carry not only the burden of financial distress, but also the pressure of keeping their company afloat during an unfamiliar and stressful legal process.