Understanding Small Business Bankruptcy

Liviakis Law Firm Team

Small businesses are the backbone of any economy. They drive innovation, create jobs and add value to the society. However, running a small business can be a challenge, especially when things go wrong. Economic downturns, unpredictable markets, and unexpected expenses can often put a strain on small businesses. Unfortunately, sometimes the situation gets out of hand and bankruptcy becomes the only option.

What is Small Business Bankruptcy?

Bankruptcy is a legal process that allows individuals or businesses to discharge their debts to a certain extent. Small business bankruptcy, specifically, is a legal process that allows small business owners to reorganize or liquidate their debt. It is important to note that small business bankruptcy is different from personal bankruptcy. A small business owner cannot file for personal bankruptcy to discharge their business debts.

Types of Small Business Bankruptcy:

There are two types of small business bankruptcy: Chapter 7 and Chapter 11. Chapter 7 bankruptcy is also known as liquidation. It is applicable when the small business is no longer sustainable, and all assets need to be sold to pay off creditors. On the other hand, Chapter 11 bankruptcy is also known as reorganization. In this type of bankruptcy, the small business owner is given a chance to reorganize the business and come up with a plan to pay off creditors over a period of time.

How to File for Small Business Bankruptcy:

Filing for bankruptcy can be stressful for small business owners. The first step is to consult a bankruptcy lawyer who specializes in small business bankruptcy. The lawyer will guide the small business owner through the process and help them understand their options. The small business owner will need to provide the lawyer with all the necessary financial information, like tax returns, bank statements, and profits/loss statements. The lawyer will then file a bankruptcy petition with the court.

What Happens After Filing for Small Business Bankruptcy:

Once the small business owner files for bankruptcy, an automatic stay is put into place. This means that all debt collection activities, like phone calls and letters, must stop immediately. The next step is for the bankruptcy trustee to schedule a meeting of creditors, where the small business owner will have to answer questions about their finances. After this meeting, the small business owner will need to propose a reorganization plan if they filed for Chapter 11 bankruptcy, or a plan for selling assets if they

Small business bankruptcy is a last resort for small business owners who are struggling to make ends meet. It is important to work with an experienced bankruptcy lawyer who can navigate the legal processes and help the small business owner come up with the best solution.

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