Within your bankruptcy schedules, there are two types of debt that the bankruptcy court require you to disclose – secured and unsecured.  Understanding what type of debt a bankruptcy debtor has will help them understand their bankruptcy better and with their finances once they’ve completed their bankruptcy. 

In the last two blogs, I’ve written about the issues presented in a bankruptcy case when a small business faces financial difficulty.  And I’ve concentrated on the business, not the business owner, in writing about these issues.  In the last two blogs, I’ve spent some time looking at the issue of whether a business should remain open - it’s a critical first issue for business owners with money problems.  This week, let’s look at the issues that business owners face when the owners have decided to close the business and wind up the financial affairs of the business.

In our day-to-day practice at Kain & Scott, our attorneys will typically field a few contacts every month from business owners who are financially stressed.  The business owners typically have this, or a variation of this question: my business is in financial trouble, should the business file a bankruptcy?  It’s such a simple, and such a common question. One of the reasons the United States has a bankruptcy law is to provide a safety net from small business owners - to allow the business owners to take financial risks without having to worry about financial ruin if the business experiences significant reverses.  But while the question is simple, the answer is usually at least a little complicated. Let’s look at the factors that should be considered in making a decision as to whether to have a business file a bankruptcy case.

For the last month I have been writing weekly about the challenges and issues that surround closing a business that is no longer profitable. I’ve discussed the decision to close, the steps needed to treat employees and trade creditors correctly and issues regarding business withholding and sales tax and personal income tax. I’ve also written about business owners filing a personal chapter 7 bankruptcy to protect the owners from their personal financial obligations related to the business. Last week I wrote about the rare instances in which a business that operates as an LLC or corporation is well-advised to file its own chapter 7 case. This week I will wrap up this business-centric discussion by looking at the situations in which filing a chapter 13 bankruptcy makes sense for a business owner. But first, let’s take a look at the bankruptcy chapter that specifically protects businesses that file bankruptcy - chapter 11.

My last three blogs have dealt with the issues, problems and complications of closing a business that is no longer profitable. And I’ve written about using a personal chapter 7 bankruptcy as an option to protect an individual’s income and property from collection when business obligations have been personally guaranteed by a business owner. The focus has been on a personal chapter 7 as the most common option for a situation in which a small business has failed and the business owner now owes obligations to business creditors because the business can no longer honor the obligations. In this blog, I will write about the limited occasions in which an LLC or corporation should file a Chapter 7 Bankruptcy.

My last two blogs, Help For Small Business in Financial Trouble & Help For Small Business in Financial Trouble - Part 2, have dealt with the decision as to whether to close a business that is no longer performing financially as the owner hoped. 

Last week in my blog Help For Business In Financial Trouble - Part 1, I wrote about the decision many small business owners face: in light of the financial difficulties the business is facing, should the business close down? The decision is usually very personally painful for a person who has worked long and hard to own and operate a business. The feelings can be compounded when the reasons for business failure have to do with outside market forces more than the business decisions made by the owner. Imagine the hard-working video store owner from 1996 - today it’s very likely that the video store is no longer in business, regardless of whether the owner was a smart, capable businessman.

One of the more common reasons why people file for bankruptcy is because of a business failure. A business failure is a difficult time and you shouldn’t make it more difficult than it has to be by trying to handle the situation on your own. If you find yourself in over your head with business debt, filing bankruptcy can provide you with a more manageable way to pay those debts. It can also give you the fresh start you need to rebuild your finances and get your life back after closing your business.

There are several types of bankruptcy available to business owners who are struggling with overwhelming debt. Due to poor economic conditions, many businesses are forced to shut their doors. For some, the damage caused by business failure extends far beyond losing their business. In many small businesses, owners personally guarantee the debt incurred by the business. This means that, if the business fails, the creditors look to the co-debtor, or the owner, for repayment of the debt. Unfortunately, the closing of their business typically means the loss of the owner’s sole source of income, leaving no means to repay the business debts.

Bankruptcy can help relieve business debt and repair the damage caused by business failure. Because there are several types of bankruptcy individuals and businesses can file, there is almost always a solution that is right for each unique set of circumstances.

The Different Types of Bankruptcy for Business Debtors