Linkedin Envelope Phone
(212) 843-0050
(212) 843-0050
Linkedin Envelope Phone

Chapter 11 for Businesses with High Tax Debts

Chapter 11 Bankruptcy in New York

for Businesses and Corporations

 

We file Chapter 11 cases in New York for businesses.  The usual cases have large payroll or trust fund taxes issues such as the following:

  • IRS Payroll Tax Debt;
  • NYS Payroll Tax Debt;
  • NYS Sales Tax Debt.

 

We have filed Chapter 11 cases in NY for contractors, subcontractors, medical practices, restaurants, furniture stores and carting companies and the results that obtained were as follows:

  • Reduced IRS and NYS payroll tax debt by over $1.3M with extended payout;
  • Confirmed Chapter 11 case in Brooklyn with over a $700K discount in payroll tax debt with extended period double the statutory amount;
  • Confirmed chapter 11 case and settled sales tax debt for less then 1/3 of the amount due.

 

These case studies were from cases filed before and after the new law.  Recently, in 2007, the IRS changed their internal procedures and currently, any specialized bankruptcy deals and workouts in New York are subject to more scrutiny.

 

We file Chapter 11 cases in New York City, Chapter 11 cases in Brooklyn and we also do Chapter 11 filings in Central Islip, NY.  These courts cover most areas in the tri state area, Long Island and Westchester counties.

 

Each Chapter 11 plan we file is unique to the client and tailored to their creditors and we do customized Chapter 11 plans in NYC, Brooklyn and in Long Island, NY.  Since one of our partners is also a CPA, we can do operating report reviews and set up clients and their accountants on templates.  All of these cumulative financial statements are used when we build a Chapter 11 plan to best suit the individual’s needs.  We also have specialized programs tailored to build our plans including usage of EXCEL and POWERPOINT.

 

Chapter 11 Process:

  • File Petition and all schedules;
  • Release seizures, padlocks and unfreeze bank accounts;
  • Attend initial conference with US Trustee Analyst;
  • Attend 341 meeting with US Trustee and Creditors;
  • Attend status conferences with court;
  • File Monthly operating reports;
  • Assume/Reject leases;
  • Set Bar Date;
  • File Chapter 11 Plan and Disclosure Statement;
  • Send out Ballots after Disclosure Statement is approved;
  • Confirmation Hearing;
  • Make plan payments if plan accepted;
  • Do any 363 sales needed to effectuate the plan;
  • Do Fee Applications;
  • Close Case.

 

This process is a long and time consuming process and should only be used by businesses that have:

  • A business worth saving;
  • Enough debt to make the cost worthwhile;
  • Trust fund tax debt;
  • A business that can be profitable after the filing;
  • Management in place that can attend these required meetings and can work with counsel regarding financial information needed.

 

 

NY Tax Services We Offer

  • IRS Offers for income and trust fund taxes.
  • NYS offers for income and trust fund/sales taxes.
  • IRS installment agreements
  • NYS installment agreements
  • Collection due process filings
  • Innocent Spouse filings
  • Penalty Abatement using reasonable cause and the one-time abatement.
  • Levy relief and protests
  • Passport revocation relief
  • Due diligence on personal and business tax debts and status
  • 1031 exchange planning and closing
  • Turnaround Advisory
  • Distressed deal advisory
  • Real estate capital for acquisitions, refinance, and developments
  • Debt and equity capital options

Florida Tax Services We Offer

  • IRS Offers for income and trust fund taxes.
  • IRS installment agreements
  • Collection due process filings
  • Innocent Spouse filings
  • Penalty Abatement using reasonable cause and the one-time abatement.
  • Levy relief and protests
  • Passport revocation relief
  • Due diligence on personal and business tax debts and status
  • 1031 exchange planning and closing
  • Real estate capital for acquisitions, refinance, and developments
  • Debt and equity capital options

Testimonials

Steve is an amazing person. Honest. Caring. Intelligent. As we have moved through our careers and personal lives, he remains a constant. I am honored to have worked with him, call him a friend and know he will always be there for advice. All the best Steve. B
Rob Solarchik
Rob Solarchik Financial Services Professional
I hired Stephen Kass in the spring of 2013 at a challenging time when I was closing my restaurant group. Mr Kass is an outstanding expert in tax, restructuring and bankruptcy matters. He understands the intricacies of the law and provides value to his clients with every decision he makes. Stephen Kass consistently exceeded my expectations : he is creative, professional, deadline and results driven, organised, diligent, detail oriented and ethical. Stephen Kass does not spend time nor energy in small talks, he spends every second addressing distressed situations and does so brilliantly. I also dealt with his team who was similar to him. Stephen Kass' law firm is super efficient thanks to his charisma and his focus on efficiency. If there is only one attorney to hire in NYC it should be him.
Ibtisam Bahri
Ibtisam BahriConfidential Family Office
I have worked on a number of projects with Stephen. Stephen has a great ability to understand the details from various business perspectives. He is very organized in his approach to his deal flow. I enjoy working with him because I know he accomplishes exactly what needs to be done.
David Rowe
David Rowe VP-Investment Banker
I have worked with and consulted Stephen on various matters since 2002. In those thirteen years, I've seen him excel at the core elements of his practice and corporate endeavors: helping his clients obtain the necessary results with his knowledge, professionalism and ethical standards. I would not hesitate to coordinate services to, or recommend clients to Stephen.
Steven A. Kass
Steven A. KassElder Law
Stephen is thorough and caring. First, Stephen came to the aid of our family at our worst time. He handled our case thoroughly, professionally and with dignity from beginning to end. Additionally, he has been proactive in helping to get my new business funded and structured properly - suggesting excellent ideas that I hadn't thought of previously and engaging his team to help bring to fruition. I strongly recommend Stephen and cannot speak more highly of him professionally and personally.
Rob KFounder, President & Chief Strategy Officer, Nexteon Technologies
First of all, when I was shopping for an attorney to hire, I saw a number of what I assumed to be "canned" testimonials for many companies. I am a real person and if you would like to verify that please ping me through Yelp. I will be happy to show you who I am, how Steve Kass and his team made a huge difference for me and why I endorse him. I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate the matter were fruitless, even though a number of publicly available materials proved me right. Once hired, Steve and his office swung into action, going into deep detail on my situation, history, and my company and my personal finances. The outcome took months, because the IRS is not speedy, but it was a real win. I am not only vindicated in the offer that was negotiated, but I owe far, far less than I expected to, which as a number was far less than the IRS had assigned me and penalized me for. In short, it makes sense to shop, do your homework and hire an attorney with a solid history of winning these cases and with a support staff who can carry the day. Stephen Kass will be your guy. I strongly recommend Stephen and cannot speak more highly of him professionally and personally.
s
Sean DykhouseNew York, NY
Stephen is very knowledgeable about bankruptcy and tax issues. I have complete faith in recommending a potential client to him. His character is impeccable.
Gerard Diconza
Gerard DiconzaPartner at Archer & Greiner
Stephen is an excellent, diligent attorney, who deeply cares about his client's plights and goals, and gives 100% of himself to getting his clients the optimal result achievable for them under their cumstances, at the fairest possible cost. He is a credit to the legal profession, and I am proud to know him.
Neil H. Ackerman, Esq.
Neil H. Ackerman, Esq.Of Counsel at Pryor & Mandelup, LLP
Stephen and I were in the same law school class. He was the one of the select few classmates of mine who had a deep understanding of our tax classes, and consistently excelled in those, and in other subject areas. He also provided financial advice from time to time, which proved quite lucrative to me.
Craig Brown
Craig Brown Partner at Dechert LLP
Steve is the most professional and knowledgeable attorney I have ever met in my life. He is a real pleasure working with and learning from. He is one of a kind, possessing superior knowledge and many years of experience in bankruptcy and tax law. I am honored to be a part of his firm.
Alina Solodchikova
Alina Solodchikova Principal, Federal Tax Controversy Leader
Previous
Next

Featured Blog Post

We Can Help!

If you are having financial or tax issues call
If you need help with your small business matters

Recent Articles
For Tax & Financial Matters
NY Tax Law Office
Florida Tax Office

Copyright © 2024 | Law Offices Of Stephen B. Kass, P.C. | All Rights Reserved