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You will often hear a lot about personal bankruptcy and how it can affect your home and family, but what if you are an owner of a small business? The bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you with all over your bankruptcies needs as a business owner. Below are just some of the things that could happen when you file for bankruptcy and the different types of bankruptcy to consider filing with a small business.
Filing Chapter 7 Bankruptcy
This type of bankruptcy is referred to as liquidation. Chapter 7 bankruptcy filing is suitable for a business that does not plan on staying open. This is because this type of filing does not include any type of repayment plan. This is the suitable choice for sole proprietors and small businesses. However, the bankruptcy code allows for the debtors to keep some “exempt property.” But with this type of filing, it is expected that there will be some sort of loss of property. Consulting with your attorney at Robinson, Seiler & Anderson in Provo before filing for a Chapter 7 bankruptcy is always recommended.
Filing Chapter 11 Bankruptcy
This type of bankruptcy allows your business to recover. So Chapter 11 is referred to as repayment and sometimes reorganization. The filing of a Chapter 11 bankruptcy is suitable for corporations and limited liability companies although some sole proprietorships have chosen to file Chapter 11. Because it allows an organization to recover and restructuring is included, Chapter 11 does involve additional scrutiny by the bankruptcy courts. Small businesses that file for Chapter 11 bankruptcy are treated differently than regular bankruptcy cases and are called a “small business case.” A small business case is referred to by the bankruptcy code as a case with a “small debtor.”
The Impact of Filing for Bankruptcy
In the case of a sole proprietor, if you as the business owner choose to file for Chapter 7 bankruptcy, the business automatically files, as well. This is the case because you are a sole proprietor. There is nothing that separates you, the owner, from the business. Because there is no separation when a sole proprietor files for bankruptcy, their personal credit standing is a risk. Chapter 11 bankruptcy is considered to be the choice for businesses with a large amount of assets. Although Chapter 11 bankruptcy affords your business the chance for reorganization and restructuring, it often is a complicated and costly process. You will need to retain an accountant and a bankruptcy attorney from Robinson, Seiler & Anderson in Provo to assist you with these matters although the bankruptcy code makes it possible for small businesses to file.
Robinson, Seiler & Anderson, LC provides its’ clients with an experienced Provo Attorney when problems with real estate may occur. We work hard to ensure the well being of your family and to make sure you have all the legal advice and resources needed in your real estate case. To help you get started on the right foot when purchasing a home we have listed some useful steps to take to make the process a little easier.
Start Your Research Early
It is important to know what kind of housing option are available, the prices they are asking, and how long the house has been on the market. By regularly checking websites, newspapers, and magazines you can keep track of what your options are and if they are going up or down on asking price. Being informed on exactly what kind of house you want, your price range, and the area you want to live in will help you later on when making a decision on whether or not to purchase a home.
Determine Your Budget
Knowing exactly how much you can spend when purchasing a home is a must. Taking time to go through your budget and talking to a mortgage banker will help you to get a better idea. Having a 20% deposit to put down on a house will always reduce your monthly payments as well as give you an advantage when purchasing against other buyers. If you are a first time home buyer there are loan programs available to help you purchase a home within your budget with 0% down. While this may take time and effort to determine what kind of mortgage you can get and from who, it will be worth it when you know exactly what your price range is when purchasing a home.
Find the Right Real Estate Agent
Having the perfect Real Estate Agent can help you make the buying process just that much easier. Their knowledge of the home buying process, negotiating skills, and familiarity with the area you want to live in can be extremely valuable. And best of all, it doesn’t cost you anything to use an agent – they’re compensated from the commission paid by the seller of the house.
Shop for your Home
The next step is to shop around for houses in your preferred area and in your price range. It is a good idea to take notes and be extremely detail oriented. Before viewing a house, make a list of factors to look for. These should include testing the plumbing, windows and doors, and the electricity. Make a list of pros and cons when viewing the house. You will be looking at quite a few houses so it is also important to distinguish which house was which within your notes. Once you think you have found the perfect house for you, you can make an offer. Once you and the seller have reached agreement on a price, the house will go into escrow, which is the period of time it takes to complete all of the remaining steps in the home buying process.
At the law firm of Robinson, Seiler & Anderson, LC, our Provo Real Estate Attorneys help developers turn over ownership of planned housing units to owners. We also represent homeowner associations and homeowners. The following are examples of the kinds of legal services we provide:
- Creation of homeowner associations (HOA) and public utility districts (PUD)
- Drafting association bylaws
- Guiding homeowner associations through the legal process of obtaining assessments
- Recording liens and handling collection actions if a homeowner hasn't paid annual and monthly dues
- Helping homeowners' associates comply with legal requirements
- Representing homeowner associations and homeowners in disputes over enforcement of rules, unfair assessments, personal injury and use of property
If there is any way we can help you in your real estate case please feel free to contact your local Provo Attorney at Robinson, Seiler & Anderson, LC.
It is always unfortunate when an unexpected car crash happens to you. Robinson, Seiler & Anderson, LC your local Provo lawyer, want to help you in this stressful time in your life. Our lawyers provide the advice and experience you need when dealing with a personal injury claim that so often happens after a car accident. Below are some steps to take right away if this unfortunate event occurs to you.
The best thing you can do is to be prepared before a car accident even occurs. Take the time to know the ins and outs of your insurance coverage. Knowing what is covered under your policy will help you in the long run. Make sure to always have your insurance card and driver’s license with you whenever you are operating a motorized vehicle. You will need both if an accident does occur. It is also a good idea to have a camera to take pictures if damage does occur. A cell phone or a disposable camera will do just fine.
Make sure everyone is OK, then call the police
Making sure everyone is ok will determine the urgency of the situation at hand. If possible relocate to a safer area as to avoid traffic and the cause of more accidents. If you are on the freeway when the accident occurs do not leave your vehicle. If possible pull off to the side and call the proper authorities. No matter if the accident is big or small, calling the police will ensure the right steps are taken. Having a police report filed pertaining to the accident can help you out in the long run. If it's a minor accident without injury or much damage, the officer will merely file an incident report, which functions as an information exchange. If the accident is more serious, the officer will create an accident report to assist the insurance process and establish legal liabilities.
This is where your camera would come in handy. Take pictures of everything you can including, the scene of the accident, damage to your car, damage of the other car, and license plate numbers. Make sure you copy down all of the other party’s information correctly off of their insurance card. You want to have all the information possible in order to coordinate with your insurance company and file a claim.
Call your Insurance Company ASAP
The sooner you call your insurance company the better. They must be notified of the occurrence of the accident as well as the damage done to your vehicle. They will ask for very detailed information pertaining to the accident and how it happened. Don’t admit fault, just explain the occurrence honestly. Your insurance will then begin contacting the other party’s insurance and begin processing your claim. Most insurance companies will also provide you with a list of body shops you can take your car to.
If the next step is to file a personal injury case, your local Provo lawyer at Robinson, Seiler & Anderson, help victims of car accidents and truck accidents get just and fair compensation for their losses and suffering. As accomplished and highly experienced litigators, we know the law, we know trial procedure, and we know how to effectively present a case to the court.