Practice Areas

NY Bankruptcy Lawyers

Corporate Bankruptcy and Debt Restructuring

Corporate Bankruptcy and Debt Restructuring

Scarinci Hollenbeck, LLC’s corporate bankruptcy and debt restructuring team can positively modify your company during times of financial distress. We leave our clients feeling prepared for the future of their businesses, and we hope to put them in a financial situation that will allow their company to grow from a “fresh start.”

Our attorneys represent companies and financial professionals such as executives, directors, investors, and entrepreneurs in cases of debt restructuring, financial recapitalization, change in management, and corporate resizing. The attorneys at Scarinci Hollenbeck, LLC are experienced in representing individual debtors, financial professionals, lenders and large corporates in Chapter 11 and Chapter 7 cases as well as out-of-court restructurings.

A large aspect of our practice aims to avoid and minimize the harmful effects of illiquidity upon a business through accounts receivable, trade and debtor-in-possession finance and asset and liability management in the “zone of insolvency.”

The most important aspect of corporate restructuring is to hire experienced legal counsel to guide you and your business through troubled times. Our attorneys pride themselves on their innovative and individual approach to each client, and they will help maintain your business in a favorable financial position.

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Why Choose Us?

The debt restructuring and bankruptcy attorneys at Scarinci Hollenbeck, LLC have decades of combined experience to facilitate your Chapter 11 bankruptcy filing. What distinguishes the bankruptcy attorneys at Scarinci Hollenbeck, LLC from other firms is our timely dedication to each client’s needs with an eye on the bottom line, and a plan to emerge from the bankruptcy with a strategic plan for success of the going concern. Having helped many businesses through this process, we understand that these are challenging times, and our attorneys will work with you throughout your restructuring to not only provide you excellent legal counsel, but to keep the focus on strategies for cash flow once you exit the restructuring process.

Corporate Bankruptcy and Debt Restructuring FAQs

How much does it cost for a bankruptcy in new york?

While it may vary depending on your case, Chapter 11 federal bankruptcy petitions in New York can cost up to $50,000 for middle market companies and larger corporations. However, even a bankruptcy filing for a small business or struggling startup can cost between $10,000 to $25,000.

What does a corporate restructuring lawyer do?

Before incurring the costs and time of a formal bankruptcy, highly skilled and experienced restructuring attorneys will often successfully negotiate workouts that reorganize a company’s debt obligations out of court so that debtors can continue to operate without having their assets seized or the stigma of a bankruptcy filing in the public record. Creditors will benefit from having payment plans and schedule that the debtor can realistically satisfy, as opposed to the alternative of bankruptcy that may yield pennies on the dollar.

How much does it cost to file chapter 11 bankruptcy in new york?

There is a fixed court cost of $1,167 to file a Chapter 11 bankruptcy petitions, with legal fees in tens of thousands of dollars depending on the size of your company, the complexity of the debt, and if any creditors object to the reorganization plan submitted for the Bankruptcy Court’s approval.  If you have a good relationship with your senior creditors, they may agree to pre-negotiated, pre-arranged, or pre-packaged Chapter 11 plans that can expedite the bankruptcy process and save considerable legal costs.

When you hire Scarinci Hollenbeck, LLC to represent your company in a potential Chapter 11 bankruptcy filing, you are receiving highly experienced and thoughtful legal counsel who will thoroughly explore all alternatives before taking action. Filing for bankruptcy for your company is not a decision to be taken lightly, as this will greatly affect your ability to operate your current business or open a new business in the future.  Our objective will be to preserve your company and assets in a cost-efficient manner.

How do i start a bankruptcy?

A chapter 11 case begins with the filing of a petition with the bankruptcy court serving the area where the debtor permanently resides, or their principal place of business. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors to compel a bankruptcy upon meeting certain requirements.

What is the downside of filing for bankruptcy?

Filing for bankruptcy has many pros, but before you decide to make this critical decision you should be aware of how this affects your company’s long-term future. Some potential downsides to filing a Chapter 11 Bankruptcy include:

  • Loss of privacy – Any documents you file are public record.
  • Viability – The Bankruptcy Court must find a Debtor company’s reorganization plan must be viable and sustainable based on its financial condition and requires approval by creditors.
  • Profitability requirements – After the approval of a Chapter 11 bankruptcy plan, debtors must be able to prove that they are able to pay back the loans given out.
  • Loss of control over business – Activities such as selling, purchasing, refinancing, or leasing major capital assets will require court approval during the bankruptcy process.
Do you get out of all debts if you declare bankruptcy?

Simply put, no, your company will not get you out of all debt. However, chapter 11 bankruptcy:

  • Stops creditor collection efforts
  • Facilitates negotiations to settle debts
  • Can sometimes even allow a business to get new financing on better terms (i.e., Debtor in Possession Financing)
Is it a good idea to declare bankruptcy?

Declaring bankruptcy is dependent on the extent of debt and the long-term economic prospects of your come company, but some pros of declaring bankruptcy include:

  • Creditors must stop collection efforts immediately, pending further order of the Bankruptcy Court.
  • The business is able to continue to operate under current ownership and management but under the Supervision of the Bankruptcy Court.
  • As a debtor-in-possession, the business can borrow money on better terms.
  • The business can be relinquished from burdensome leases and other one-sided contracts.
  • The business may be able to sell previously encumbered assets to raise capital.
What happens after i declare bankruptcy?

Usually, the debtor remains in possession of the company, has the powers and duties of a trustee, may continue to operate its business, and may, only with Court approval, borrow new money. Then, a plan of reorganization is approved and the company can begin to unwind its bankruptcy.

We are approaching our second year working with the Scarinci Hollenbeck, LLC. Their team of attorneys have you covered from head to toe. Whether you need help in corporate compliance, cryptocurrency, FINRA arbitration or commercial litigation.
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Jon-Jorge Aras is an exceptional lawyer. I hired Jon-Jorge to help with a Finra expungement and got it done for me in a fast amount of time. He took the time to understand my case and the impact the defamatory statement had on my career and my life. When I was arguing my case you can feel the passion as if it was personal to him. I highly recommend Jon-Jorge for your legal services.
I have to compliment Chris Warren and the entire team at Scarinci Hollenbeck, LLC. They were extremely professional and was very detailed oriented in their work. Specifically, they spent a lot of time focused on my needs and communicated their process every step. I would never hesitate to use them and highly recommend Chris and the firm.
Results may vary depending on your particular facts and legal circumstances.