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who calls the play
Washington
Viewed 241 times.
Posted over 2 years ago in Bankruptcy / Debt
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I would like to file for bankruptcy for my business and use the process to pay off my most loyal suppliers and vendors. I am worried though that my creditors or the court can make me take actions I don't like. Is that true?
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Answers (3)Douglas Jay Lineberry
This attorney is licensed in Washington.
Posted over 2 years ago.
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Yes. Bankruptcy statutes set forth what creditors are entitled to get paid and which of them has preference over others. You won't find a provision in the bankruptcy code that allows you to direct funds of the bankruptcy estate to certain creditors based on how much you like them.
Brian J. Passante
This attorney is licensed in Georgia.
Posted over 2 years ago.
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Your question really seeks legal advice that is impossible to give in a public forum or without a full understanding of all of the facts of your anticipated bankruptcy case filing.
The type of bankruptcy case can have some impact on the question, as can when the payments are made. The federal bankruptcy laws seek to level the playing field somewhat so that creditors paid in certain timeframes in advance of the bankruptcy will NOT receive preferential treatment. After the bankruptcy filing a fairly complex scheme is implemented that classifies creditors and establishes certain priority for payment and treatment of debt where assets are available to pay claims of creditors. Often your state’s commercial laws are also relevant too. In certain types of bankruptcy cases, business reorganizations, the debtor has some control with oversight and approval of the Court to operate its business, there are many legal requirements, guidelines and rules. Among them is how, who and to what extent the debtor may pay pre-petition (pre-bankruptcy) debts and claims. To understand your rights in this respect, you should take this issue up with a skilled bankruptcy attorney in your state. Note: This Answer and any information contained in this answer is not intended to be treated as legal advice; And, this posting does not create an attorney-client relationship or privilege of any kind.
Okorie Okorocha
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