Finance and Law

What to Consider When You’re Looking Into Bankruptcy for Your Business

<p style&equals;"text-align&colon; justify&semi;">Disclaimer&colon; The following is meant to provide you with a background on the things that you should consider in case you want to file for bankruptcy&comma; and shouldn’t be misinterpreted as actual <a href&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;legal-advice-divorce&sol;">legal advice<&sol;a>&period; For you to more easily decide if filing for bankruptcy is the best course of action for your business&comma; you would want to consult a licensed attorney who can help you go through the bankruptcy filing process as smoothly as possible&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Any kind of business venture is not without its share of risks&comma; foremost of which is incurring debt from a creditor&period; While it’s fine to occasionally owe your creditor some money as long as you can pay it back in full&comma; facing business debt too frequently can lead to a financial crisis on your end and cause you to need to file for bankruptcy&period; But before taking the bankruptcy route for your business&comma; here are some things for you to consider in case you want to pursue that option&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">What Things Should You Consider When Filing Bankruptcy for Your Business&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"size-full wp-image-5443 alignright" src&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;wp-content&sol;uploads&sol;2018&sol;01&sol;Filing-Bankruptcy-for-Your-Business&period;png" alt&equals;"Filing Bankruptcy for Your Business" width&equals;"402" height&equals;"269" &sol;><&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">No one who has their own business wants to file for bankruptcy&comma; especially with the negative stigma surrounding the term &OpenCurlyDoubleQuote;bankruptcy” itself&period; However&comma; if your business has incurred a massive amount of debt and you’re unable to pay back despite your best efforts to do so&comma; you might find yourself wanting to declare bankruptcy instead&period; For you to better understand what would happen once you start pursuing it&comma; here are some things that you should consider when you’re looking into filing bankruptcy for your business&colon;<&sol;p>&NewLine;<h3>1&period; There are three types of bankruptcy available for businesses&period;<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If you’ve already exhausted all other options for you to repay <a href&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;financing-your-startup-while-managing-debt&sol;">your debt<&sol;a>&comma; your business may qualify for any of the following types of bankruptcy&colon;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li><a href&equals;"http&colon;&sol;&sol;dovebankruptcylaw&period;com&sol;chapter-7-bankruptcy&sol;">Chapter 7<&sol;a> where any assets that you have are seized and sold&comma; the money raised out of their sale is given to your creditor&comma; and your business gets shut down for good&period;<&sol;li>&NewLine;<li>Chapter 11 in which your assets can’t be seized and sold as long as you reorganize your business for it to finally turn a profit that you can use to repay your outstanding debt&period;<&sol;li>&NewLine;<li>Chapter 13 in which you tell a bankruptcy court how you plan on paying back the money that you owe your creditor&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h3>2&period;  You can file for either Chapter 11 or Chapter 13 bankruptcy and continue running your business at the same time if it’s a sole proprietorship&period;<&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If you’re hesitant to let go of your business endeavor&comma; especially after all the hard work&comma; long hours&comma; and capital that you’ve put into it all by yourself&comma; you can declare bankruptcy so that you don’t have to shut it down against your will&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>If your business is owned and run by you alone as a sole proprietorship&comma; you have the privilege of filing for either Chapter 11 or Chapter 13 bankruptcy&period;<&sol;li>&NewLine;<li>Filing for Chapter 13 bankruptcy can protect any of your personal assets from being seized and sold&period; However&comma; there are <a href&equals;"http&colon;&sol;&sol;wartchowlaw&period;com&sol;2016&sol;04&sol;13&sol;the-2016-chapter-13-debt-limits-effective-april-1-2016&sol;">debt limits to consider<&sol;a> if you’re planning to file for Chapter 13 bankruptcy&period; Thus&comma; you would want to make sure that your outstanding debt isn’t greater than the maximum debt amounts allowed by Chapter 13&period;<&sol;li>&NewLine;<li>Most sole proprietorships don’t file for Chapter 11 bankruptcy as it costs time and money&period; Still&comma; you can file for it if you want to retain your assets and continue operating your business per usual&comma; even if you have to reorganize it&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;">3&period; If your business has been set up as either a partnership or a corporation&comma; and you want to continue operating it&comma; you can file for Chapter 11 bankruptcy&period;<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Regardless of whether your business is either a partnership or a corporation&comma; if it’s currently sinking in deep debt&comma; you would want to declare bankruptcy so that you can save it from closure&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"size-full wp-image-5444 alignright" src&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;wp-content&sol;uploads&sol;2018&sol;01&sol;Partnership&period;png" alt&equals;"Partnership" width&equals;"387" height&equals;"259" &sol;><&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Filing for Chapter 11 bankruptcy allows you to continue running your business&comma; albeit reorganized&comma; in the hopes that it would generate a profit that you’ll be using to repay your debt&period;<&sol;li>&NewLine;<li>However&comma; Chapter 11 is expensive and time-consuming&comma; not to mention that filing for it doesn’t automatically mean that the court would grant it&period; Thus&comma; you might want to look for other easier ways to repay your debt instead&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;">4&period; You can also declare bankruptcy if you want to close shop completely regardless of how your business is structured&period;<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If you still haven’t repaid the money that you owe to your creditor and believe that shutting your business down for good is the only way to go&comma; you can file for Chapter 7 bankruptcy&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>If you have to close down your business that’s a sole proprietorship&comma; it can greatly benefit from Chapter 7 which wipes out most of your business and personal debts&period; The catch is that your assets – including most of your personal ones – can be seized and sold after you’ve filed Chapter 7&period; The good news though is that you can <a href&equals;"https&colon;&sol;&sol;www&period;nolo&period;com&sol;legal-encyclopedia&sol;bankruptcy-exemptions-state">check your state’s bankruptcy exemptions<&sol;a> to find out which assets you can keep&period;<&sol;li>&NewLine;<li>On the other hand&comma; if your business is either a partnership or a corporation that has to call it a day&comma; any debt it had incurred that isn’t personal in nature can’t be wiped clean by filing for Chapter 7 bankruptcy&period; Thus&comma; you and any of the co-owners of your business should still make sure to pay back the outstanding debt of your business even after most of its assets have been seized and sold&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<p style&equals;"text-align&colon; justify&semi;">As someone who runs a business&comma; there would be times when you have to borrow money from somebody else&comma; especially if you need something urgently&period; But whereas some businesses might find it easy to repay their debts&comma; yours might not do the same as quick – especially if it hasn’t been turning a profit for way too long – which might lead you to consider filing for bankruptcy&period; However&comma; as the future of your business is at stake&comma; declaring bankruptcy should only be used as a last resort option when all other best efforts on your end to repay your debts have already been exhausted&period; You might also want to seek the services of a lawyer first who can suggest less drastic alternatives for you to pay back the money that you owe your creditor without having to go the bankruptcy route&period;<&sol;p>&NewLine;

Hardik Patel

Hardik Patel is a Digital Marketing Consultant and professional Blogger. He has 16+ years experience in SEO, SMO, SEM, Online reputation management, Affiliated Marketing and Content Marketing.

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