What to Know if Your Small Business Files for Bankruptcy

Jan 26
17:39

2021

Rayanne Morriss

Rayanne Morriss

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This article discusses what you should be aware of if your small business finds itself filing for bankruptcy. This can give you helpful insight into what you should research if you get into this position.

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If you are a business owner,What to Know if Your Small Business Files for Bankruptcy Articles you and your business are the same entity. If you are filing for bankruptcy, it will affect both your business and personal finances. You need to give documents such as bank statements and tax returns. You will also need some of your other personal documents. If you want to file for bankruptcy for a small business, you can file through Chapter 7 or Chapter 11. Many small business owners prefer Chapter 11. Both Chapter 7 and Chapter 11 can benefit you.

Chapter 11 Bankruptcy

Chapter 11 is an alternative for a small business that wants to file for bankruptcy. Many small businesses do not take the Chapter 11 option because it is expensive. It also takes up a lot of time and involves several risks. If you want your business to file for bankruptcy while still in operation, Chapter 11 is the best option. It is also a good option if you owe your creditors too much money.

The court may order some special procedures like filing and reporting duties. There are also some other procedures you must follow as part of Chapter 11. You can also file for Chapter 13, but it's not the best option.

Chapter 7 Bankruptcy

If your business is failing and has many creditors with less property- Chapter 7 is a good option because you will hand-over the assets to a trustee. The bankruptcy trustee has a right to sell any equipment owned by your business. Chapter 7 is beneficial because there is a lot of transparency. Creditors will not claim any fraud or the business hiding some assets. Chapter 7 also makes the process of closing the business easy. You can avoid lawsuits from creditors who might claim there is fraud.

Some problems may come as a result of Chapter 7 to small business owners. The business debts will not go away after filing for Chapter 7 bankruptcy. It means you need to pay the debts using your personal assets. It is important to note that filing for Chapter 7 helps in removing personal liability. You need to pass the qualifications for Chapter 7 to file for it. You also need to contact a bankruptcy lawyer to help you know about Chapter 7.

Licensed Insolvency Trustee

It would help if you got a licensed insolvency trustee while filing for bankruptcy. They will give you details and advice about the process of filing for bankruptcy. They will ensure that both you and your creditors' rights are not disregarded in the process. It is compulsory to work with a Licensed Insolvency Trustee when filing for bankruptcy. It would be best if you got a licensed trustee from a good agency to help you out. Trustees have a vast knowledge of debt. They also offer advice about ways to avoid getting into debt. The trustees will help you decide between Chapter 7 or Chapter 11.

Benefits of a Trustee

You don't have to worry about the cost because a trustee is cheaper than hiring a debt consultant. The fee trustees charge is according to the government's regulations. The trustee will help make the process of filing for bankruptcy fast. They have a code of ethics they must follow. A trustee will help you sell your assets if necessary for the type of bankruptcy you are filing. They can sell things such as a house if it does not have any mortgages. The trustee will then give the money to your creditors.

They also ensure every creditor receives a certain amount of money. It will ensure the process of bankruptcy is complete. The process of bankruptcy is challenging, and a trustee will help you sort out the issue. They will also offer you counseling services and come up with a proposal for your creditors. They will also get suitable settlement agreements for both you and your creditor.

Conclusion

Bankruptcy may not be the best thing for a small business, but it may be the best business solution. You need to be careful about the type of bankruptcy you choose to file. It would be best to get only the best-licensed trustee to make the process easier. There is no risk in getting a trustee because they will keep your details confidential. The consultation process will take a few minutes.