Chapter 128 is a special type of bankruptcy that allows small businesses in financial trouble to restructure their debts without having to file for bankruptcy. It’s a relatively new concept that’s gained popularity in recent years. If you’re a business owner struggling with debt, you might be wondering how to fight Chapter 128. In this article, we’ll explore the steps you can take to overcome this financial hurdle.
Table of Contents
What is Chapter 128?
Before we dive into how to fight Chapter 128, let’s first understand what it is. Chapter 128 is a state-level debt restructuring program in Wisconsin that allows small businesses to reorganize their debt and avoid bankruptcy. It’s a less costly and less complex alternative to bankruptcy, which is why it has gained popularity in recent years.
The process involves working with a court-appointed trustee who will help you develop a repayment plan. Once the plan is approved by the court, you will make payments to the trustee, who will then distribute the funds to your creditors. The goal is to help you pay off your debts while keeping your business operational.
How to Fight Chapter 128
If you’re struggling with debt and considering Chapter 128, there are a few things you can do to fight back:
- Evaluate Your Options
Before making any decisions, it’s important to evaluate all of your options. Consider working with a financial advisor or accountant to assess your financial situation and determine if Chapter 128 is the right choice for you. You may also want to explore other debt relief options such as debt consolidation, debt settlement, or credit counseling.
- Hire a Bankruptcy Attorney
If you do decide to pursue Chapter 128, it’s important to hire a bankruptcy attorney. They can help you navigate the complex legal system and ensure that your rights are protected. They can also help you develop a repayment plan that works for you and negotiate with your creditors on your behalf.
- Develop a Repayment Plan
Once you’ve hired an attorney, you’ll work together to develop a repayment plan. This plan will outline how you’ll pay off your debts over time. Your attorney will work with your creditors to negotiate lower interest rates, reduced balances, and extended payment terms. They’ll also help you create a budget to ensure that you can make your payments on time.
- Stick to Your Plan
Once your plan is approved by the court, it’s important to stick to it. Make your payments on time and keep in communication with your trustee and creditors. If you run into any issues, such as a decrease in revenue or unexpected expenses, let your attorney know so that they can help you make any necessary adjustments.
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FAQs
Q: Is Chapter 128 the same as bankruptcy?
A: No, Chapter 128 is a debt restructuring program at the state level in Wisconsin. It’s a less costly and less complex alternative to bankruptcy.
Q: Can individuals file for Chapter 128?
A: No, Chapter 128 is only available to small businesses in Wisconsin.
Q: Will Chapter 128 affect my credit score?
A: Yes, Chapter 128 will affect your credit score. However, it’s typically less damaging than filing for bankruptcy.
Q: How long does the Chapter 128 process take?
A: The Chapter 128 process typically takes between 6-12 months.
Conclusion
If you’re a small business owner struggling with how to fight chapter 128 may be a viable option for you. However, it’s important to carefully evaluate your options and work with a bankruptcy attorney to develop a repayment plan that works for you. With dedication and perseverance, you can overcome your financial challenges and get your business back on track.