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by: RobertBain
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Businesses large and small find it can be hard to stay afloat. The fact that there is so much competition is a huge factor. Toss in that the economy isn't well so consumers have to be careful of what they buy and you have more businesses filing for bankruptcy. Some of them have died at their own hand due to ineffective business practices or not handling their debts well. Regardless, the fact that bankruptcy is available means they may have a solution.
It isn't an easy decision to file for bankruptcy though and that is something people need to realize. The law doesn't make it easy for a business either so you can't do so in an effort to keep all the money you make and to run. There are various types of bankruptcy that a person can apply for. Understanding the basics should turn you to someone with more experience. They can help you with all the details of the process.
Generally the category will be determined by the lawyer after a full assessment has been done. There are specific stipulations that have to be followed in order to file under a particular category. It also depends on how deep the financial problems run for the organization. Chapter 7 bankruptcy is the one that should be reserved only for the most serious cases.
Chapter 7 is the form that those businesses who no hope of recovery may need to file. This is generally for large businesses that have huge amounts of debt they need to get assistance with. Just because a company is bringing in large sums of income doesn't mean they are making money. Be prepared to provide detailed financial records though in order to get the courts to remove your unsecured debts.
Many small businesses are able to file for Chapter 13 bankruptcy if they are able to reorganize. They can continue in business or they can close it but they will still be responsible for the debts incurred. They may be reduced to be more affordable and there is an extended period of repayment. Every effort is made to ensure they get a plan that works well for their budget so they can reasonably pay what is owed.
Chapter 11 is a common one as well for those companies who want a chance to get back on track. They can restructure what they have in place so they can continue the business. This could turn out to be profitable in the long run so many businesses give it a try instead of tossing in the towel. It can be hard to get credit though in such a situation as the bankruptcy will be there on the company credit report for at least 7 years.
Filing for bankruptcy can result in your business credit being tarnished for at least the next 7 years. That is a red flag to creditors and so you may not be able to get any credit that you need as a result. You also need to understand you will need to pay various costs when you file for bankruptcy. These are on top of what you will be required to pay your attorney.
There are several bankruptcy options for business owners but they should only be looked at when absolutely necessary. Use all other means first to be able to effectively resolve your issues. It can be an alternative when you just have no other choice though. It isn't something a business owner should take lightly or rush into though.
Robert Bain is a seasoned business author. Read the ups and downs of small business credit, building business credit, aged and shelf companies and many more topics.