BankruptcyCHAPTER 11 BANKRUPTCY CAN ALLOW BUSINESS OPERATIONS TO CONTINUE

June 25, 2020

There are times when cash flow becomes a problem for almost every Virginia business. Paying overhead expenses, meeting payroll, managing debt and maintaining appropriate inventory can be a challenge. While these may present challenges, they are necessary if the business is going to remain open. In some cases, managing the company’s debt becomes too much of a problem and it becomes necessary to take action such as filing for Chapter 11 bankruptcy.

If the goal is to ultimately save the business, then devising a plan to make it possible to pay creditors and still keep the business going can be crucial. With Chapter 11 bankruptcy, the debt is not discharged; it is restructured to allow the debts to be paid. By filing, the company itself is asking the courts to approve a reorganization plan submitted by the filer. However, it is also possible that creditors may ask for an involuntary filing.

Once the bankruptcy petition has been filed, a reorganization plan must be developed and submitted for approval. This plan addresses the various debts and classifications of debt that the business owes. Debts with a higher priority classification are paid before others. Generally, there is a four-month window in which to present the reorganization plan, but in some cases, this can be extended.

Under Chapter 11 bankruptcy, it can be possible for the business to continue normal operations while working out its financial difficulties. It can also offer the opportunity to restructure the business and its debts in a manner that allows it to become more profitable and thus able to withstand further economic challenges. For Virginia companies struggling to manage debt, this type of bankruptcy may be the appropriate option.

Chelesea L. Vaughan

Since 2013, Chelesea Vaughan has been representing clients throughout Southwest Virginia with a practice focused on contested family law, divorce, and custody matters, criminal defense, and business law. For a free consultation with Ms. Vaughan's Roanoke office, call (540) 343-9800.

Magee Goldstein Lasky & Sayers PC

114 Market St SE #210
Roanoke, VA 24011
Phone: (540) 343-9800
Fax: (540) 343-9898

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The Roanoke attorneys of Magee Goldstein Lasky & Sayers, PC, proudly serve clients in the areas of divorce law, bankruptcy law, estate law, and criminal defense, located throughout Roanoke, Virginia, and Southwest Virginia, including in Roanoke City, Salem City, Cave Spring, Botetourt, Fincastle, Lexington, Rockbridge County, Bedford County, Smith Mountain Lake, Moneta, Rocky Mount, Boones Mill, Franklin County, Floyd County, Christiansburg, Blacksburg, Radford City, and Montgomery County.