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Chapter 11 Bankruptcy (Reorganization)

ANAND LAW PC > Practices  > Bankruptcy & Reorganization > Chapter 11 Bankruptcy (Reorganization)

Through Chapter 11 of the United States Bankruptcy Code, ANAND LAW is able to assist individuals and businesses to retain real properties, prevent foreclosure and restructure debt. Some examples of what can be accomplished through a Chapter 11 Reorganization are:

 

  • Stop foreclosure sales and retain real property
  • Retain and maintain rental properties
  • Maintain operation of business
  • Obtain financing / refinancing
  • Sell property & other assets
  • Remove mortgages / Lower mortgage balance to market value
  • Lower mortgage interest rate
  • Remove HOA liens / lower amount of HOA lien
  • Remove certain tax liens
  • Eliminate unsecured debt
  • Pursue claims

 

If you are facing foreclosure, a Chapter 11 bankruptcy may be the best, and possibly only, way to save your property. If you own multiple properties which are over-encumbered, a Chapter 11 bankruptcy may allow you to reduce the balances owed on each loan to the current market value of the property.

THE CHAPTER 11 REPAYMENT PLAN

If you qualify, a Chapter 11 will allow you to retain your primary residence and income-producing properties, while paying off a percentage of your unsecured debts. You will be required to make monthly “plan” payments to the Bankruptcy Trustee. The Bankruptcy Trustee then pays your unsecured creditors.  ANAND LAW can devise an economically feasible plan which will allow you to retain your property/properties and pay off unsecured debtors at an affordable rate.

FORECLOSURES AND CHAPTER 11 BANKRUPTCY

If you are facing foreclosure, filing for Chapter 11 bankruptcy may allow you to save your home. If you have over $1,257,850 or more in secured debt, or more than $419,275 in unsecured debt (these are the limits as of April 2019), you do not qualify for a Chapter 13 bankruptcy, and a Chapter 11 bankruptcy may be the only or best way to save your primary residence and any rental properties.  ANAND LAW can navigate the bankruptcy and real estate laws in order to allow you to halt foreclosure and make reasonable payments to continue living in your home.  We will evaluate your situation to determine whether Chapter 11 or another alternative, such as litigation, is best for you.

REMOVING AND ‘CRAMMING DOWN’ LIENS IN CHAPTER 11 BANKRUPTCY

In a Chapter 11 bankruptcy, you can remove fully unsecured liens from your rental properties.  You can also “cram down” liens that are partially unsecured from renal properties; in other words, if a mortgage balance is greater than the market value of a property, it can be reduced down to that market value.  You are able to remove and cram down:

  • Junior mortgages (including HELOC)
  • HOA liens
  • Tax liens
  • Judgment liens

CHAPTER 11 VS. CHAPTER 13

Whether to file for Chapter 11 or Chapter 13 primarily depends on the total amount of secured debt you have.  If you have under $1,257,850 in secured debt, you a Chapter 13 may be the better option for you, but may not be depending on the number of properties you have; the market value of each; and, the amounts of debt on each.  As with a Chapter 11, a Chapter 13 can be used to prevent foreclosure, retain property (including a rental or business property), and remove liens.  Anand Law can evaluate your situation and determine what is best for you. Click here for more information on Chapter 13 bankruptcy.

ANAND LAW represents businesses and individuals in Bankruptcy Courts in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego and Ventura Counties.