Join our newsletter.

Can I File For Bankruptcy If I Own A Business?

Individuals and businesses can file for Chapter 7 Bankruptcy. When an individual files they get rid of their debts and go on with their lives. When a business files, its assets are sold to pay the unsecured creditors. But what about individuals who are sole proprietors or independent contractors?

An individual who is a sole proprietor are considered the same entity by the Courts. If the business has assets, those assets are sold to pay the creditors. If the individual owns a service business (attorney, accountant, real estate agent) there are no assets to sell. In that case the business continues on as before. If the business has inventory such as a retailer, no business must cease operations, the inventory accounted for and appraised, and the courts will decide what is sold off. Exemptions can be applied in this case to protect some of the inventory.

If the business is incorporated such as a Limited Liability Corporation (LLC) the owner has some options:

1. You can file for personal bankruptcy protection and leave the business alone;

2. you can file for personal bankruptcy protection and file a separate bankruptcy claim for the business;

3. You can file a bankruptcy claim for the business and not for yourself individually;

4. You can dissolve the business and file for personal bankruptcy protection.

Factors that can affect the success of these strategies are:

1. The degree to which you followed business formalities in maintaining the business as a separate entity from yourself;

2. The degree to which the business has its own debt and property separate from the owners;

3. The degree to which the owner has personally signed off on loans and other debt in the name of the business.

The good news is that you have a number of options. The better record keeping that you maintain, the better chance that you will have the full range of options available to you. Consult an experienced bankruptcy attorney to discuss what the best option is for you. Craig Penglase, Esquire has dealt with these issues before and can guide you towards protecting yourself and your business. Click here to speak with Craig and find out quickly and easily what your options are: https://www.penglaseandbenson….

Related News & Articles

Most businesses in Pennsylvania will be closed at their physical locations until April 30, 2020. Many interpreted Governor Wolf’s Order to mean that businesses had to close and not conduct ANY...

Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take...

Inventory create a list of all possible assets create a list of all non-physical assets create a list of all digital assets (financial accounts, social media accounts, emails) with passwords Create...

Are bills taking too big a bite out of your paycheck? Are you tired of sinking further and further into debt? Are you scared because the creditors are calling day and...

The EIDL Treasury fee is one of the most unexpected financial shocks a small business owner can face. Receiving correspondence from the U.S. Department of the Treasury is stressful enough. For...

You’re 16 years old. You’ve just gotten your driver’s license. Signaling. Three-point turns. Parallel parking. You’ve proven yourself a master of Pennsylvania teen driving regulations. Then it comes time to borrow...

You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too. Unfortunately, the law has other ideas,...

Divorce can be a frightening experience, partly because there is so much uncertainty involved. You look to the future and see only questions that you can’t answer “Where do I go...

Did a doctor ever give you a diagnosis and you had no idea what it meant? Its frustrating communicating with someone and not knowing what the other is saying. Clients meeting...