A successful New York bankruptcy filing involves more than just signing a few papers and going about your business. An organization's primary responsibilities have changed and the business philosophy must change as well.

The Typical Business Climate

A private business is designed to generate profits for the owner. The culture of the organization is built around this idea of benefiting the business owner. All decisions are made for the owner's benefit, whether executives consciously recognize this or not.

In most cases, privately held companies issue stock and are owned collectively by hundreds or thousands of individuals. The average corporation in this country is all about what is best for the shareholders and not the executives. This means making decisions that increase stock price and generate dividends. If the management isn't doing things right, the major stockholders can vote them out and put in a team more to their liking.

But everything changes after a bankruptcy filing.

Duty to the Creditors

Part of the philosophy of bankruptcy filing is the corporation's change in duty. Chapter 11 bankruptcy is a commitment to the creditors. The organization is given some breathing room to get stronger financially, but their ultimate goal is to repay their debts.

This duty to the creditors supersedes the organization's duty to any shareholders or individual owners. Executives must put the creditors first, ahead of their own interests and those of shareholders. This means they must suspend dividend payments in order to pay debts down faster. Actions which might hurt stock prices should be taken if they will make it easier to pay creditors.

Of course the corporation may have other duties that are more important than what is owed the creditors. Tax obligations, legal liabilities and other responsibilities must be met as well.

Changing Corporate Culture

Businesses can't continue to operate as before after a bankruptcy filing. Past actions led to this state of financial need so changes must be made to ensure future profitability. However there is more to the situation. Officers have an instinctive reaction to preserve stock value, and that instinct must be overcome after a business bankruptcy.

Organizations that have emerged from bankruptcy filing successfully are those that have adopted a fundamental change in corporate attitude. They have worked hard to fulfill their obligation to their creditors, met the conditions of reorganization, and come out of bankruptcy stronger than before. Once Chapter 11 bankruptcy is complete, they return to their previous commitment to the shareholders.

Corporate officers who understand and embrace this change in philosophy have the best chance of success after a New York bankruptcy filing. Although it may be hard to adopt the new attitude, ultimately it is in the best interest of the shareholders. As the business recovers, share values become strong and shareholders benefit.

Financial reorganization is not a simple matter and any bankruptcy attorney in New York has plenty of stories of businesses that have tried to do their own bankruptcy proceedings and ended up creating more problems for themselves. Here are some of the more common issues a bankruptcy attorney in New York will warn business owners about.

Bankruptcy Doesn't Protect You Against Everything

It is a common belief that both incorporation and bankruptcy protect executives from personal responsibility for the business's debts. This is true for most things but there are cases where an owner's personal assets can be lost even in a corporate bankruptcy.

Businesses are expected to remain current on their payroll taxes and a bankruptcy attorney in New York can't erase unpaid corporate tax bills. This is especially true for payroll taxes deducted from employee paychecks. Not only will reorganization not eliminate those debts, but the owner can be personally liable for the expenses. In a large company this amount can run into millions.

Another situation to avoid is the appearance of fraudulently obtained debt. Floundering businesses often seek additional credit, hoping to shore up their finances before bankruptcy becomes necessary. During this time owners must be scrupulous about reporting the company's true financial situation. If any information is omitted or altered, even inadvertently, the government may claim the debt is fraudulent thus exempt from both bankruptcy and corporate protections.

Finally, some owners may develop personal attachments to corporate property such as a company vehicle. Transferring business assets to the personal possession of executives or their friends and family to avoid their loss in bankruptcy not only looks suspicious but will be discovered. It could lead to criminal or civil penalties.

Know What to Keep Current On

Even while engaged in bankruptcy proceedings, it is important to maintain certain payments. A bankruptcy attorney in New York can give a comprehensive list but several things top the list.

If a business lets liability or other insurance lapse during the proceeding, it will be very difficult to find anyone willing to cover the business after bankruptcy. As long as the business pays the premiums, the insurance company can't cancel the policy. Stay current or even pay ahead to ensure coverage is continuous during reorganization.

Many rental and utility agreements contain stark warnings about cancellation in the event of reorganization, but any bankruptcy attorney in New York can tell you these clauses are nearly impossible to enforce. However if you miss payments, they are likely to be less lenient than they would be with more solvent companies.

Look over the company's leased equipment. Maintain payments on equipment that needs to be retained after reorganization. Any items that won't be needed under the new structure should be returned to the leasing company. While this will incur a deficiency debt of the amount between the current value of the item and the current balance of the lease, this debt will be eliminated by the bankruptcy.

Mounting debt is a frightening situation to deal with. Situations beyond our control such as sudden medical expenses or a loss of income can cause debt to spiral out of control. Desperate borrowers may think their only way out is bankruptcy, but another option is consumer debt settlement.

The Problems with Bankruptcy

Chapter 7 bankruptcy, also called liquidation, means most of the assets of the borrower are sold off to pay as much of the existing debt as possible. Once the borrower's assets are gone, the remaining debt is forgiven and the borrower can start from scratch.

The most obvious negative effect of bankruptcy is the damage to the borrower's credit rating. The bankruptcy appears on the credit report for up to 10 years. The bankruptcy filing is a legal action which becomes part of the public record forever.

Borrowers must often give up control of their assets or finances to court-appointed trustees. For some the embarrassment of losing control of their financial futures is worse than the credit hit.

Consumer Debt Settlement

Lenders are willing to negotiate with borrowers and forgive much of the debt without the impact of a formal bankruptcy procedure. A lender would rather collect some of a debt than have it all wiped away by bankruptcy. Negotiating with a lender to reduce a debt is a process called consumer debt settlement.

Typically lenders will reduce a debt by 50% or more. The actual amount of reduction depends on a number of factors such as the lender's history, the borrower's financial situation and the negotiating tactics used. Two borrowers may get different deals in similar situations.

Consumer debt settlement when combined with credit counseling allows a borrower get runaway financial problems under control without the stigma associated with bankruptcy.

Hire a Professional Negotiator

Although it is possible for borrowers to negotiate their own consumer debt settlement, it is seldom a good idea. Most borrowers don't have the skill or experience to be strong negotiators. They don't have the industry knowledge to understand which borrowers will make a deal and which won't.

The best results are achieved when consumers use organizations with experience in debt settlement programs. These establishments understand the negotiation process and won't be intimidated by the tactics borrowers use. When a professional represents you, it changes the dynamic. Lenders treat consumer debt settlement professionals with more respect than they treat consumers and that leads to better deals in the end.

Whatever you choose to do, do something. The worst option for debt problems is ignore them. Take action to get control over your finances whether that action is cutting back on expenses to make debt payments, negotiating a debt settlement, or filing for personal bankruptcy. Once your debt problem is solved you can move on with the rest of your life.

Proper Fees for a Negotiator

When selecting a negotiator most settlement companies are most interested in getting lots of your money and as much money as possible upfront.  Beware of these type companies.  The best way to pay for professional negotiations is to pay a percentage of what they can save you as a result of the settlement.  This provides incentive to get you the very best settlement.

Secondly, look at the setup fee (sometimes called the program fee).  This fee should not be more than $500.  Many of the agencies that advertise on television and radio with slick commercials need to collect thousands of dollars from you upfront to pay for the advertising.  We have seen fees as a percentage of the total debt which is a very misleading way to calculate the fee. This method leaves you with the impression that the fees aren’t really that bad.  We have seen these program fees well over $3,000 in numerous cases.  Your monthly payment has to pay these fees before you can even start saving up funds to pay for your first settlement.