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Business Bankruptcy and Debt

Welcome to the "Business Bankruptcy and Debt" section, with helpful articles, answers to frequently asked questions, and resources on debt relief options for your business, the bankruptcy process, and more.
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Small businesses and bankruptcy relief

Your business is in trouble: how do you determine if bankruptcy is necessary or helpful for your situation?

• First, is the business a corporation, a partnership, or a proprietorship?
  Corporations, limited liability companies and partnerships are legal entities separate from their shareholders or partners. They can file Chapter 7 or Chapter 11 bankruptcy in their own right.
  Bombshell for partnerships in Chapter 7
• Proprietorships are just an extension of the owner: they can't file bankruptcy alone: the proprietor must file bankruptcy, since the assets and the liabilities of the business are really just one form of assets of the proprietor. The individual owner may file Chapter 7, Chapter 11 or Chapter 13 (if the debt limits are met). See Chapter 13 eligibility standards.

Should the business be reorganized or liquidated?
To answer this question, you have to know what has caused the problems the business now faces and what are the prospects for change:
Reorganization can't create a market; increase gross revenue, or make up for a poor fit between the skills available and the skills required to run the business.
Reorganization could free up cash from servicing the old debt to permit current operations; permit rejection of leases or contracts that are no longer advantageous (an expensive facility lease or improvident equipment purchase); or prevent the loss of vital assets or cash to creditor collection actions.