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

WHY BUDGET? You may have yawned (or cringed) when you read the title of this article, but please keep reading. This information is important for anyone who has ever worried about...

DOYLESTOWN, PA, December 22, 2016 — After decades in the North Main Street location, the attorneys at Penglase & Benson have decided to begin 2017 in a new home. But this...

There’s change in the air when it comes to Pennsylvania marijuana laws and drug crimes. Earlier this month, the state began allowing people with medical marijuana cards to buy marijuana in...

Depending on your type of business, you have three options for incorporating: C corporation, S corporation, or LLC. Each option requires formal documentation and must be filed with the appropriate state...

Settling a Business Dispute Studies show that over 95% of all lawsuits are resolved without a trial. Thus, the overwhelming probability is that a new case will settle. For that reason,...

Divorce is an arduous process, made even more difficult when children are involved. One of the key questions concerning children and divorce is “Who will get custody?” It’s likely to be...

Getting divorced. It’s never a pleasant experience. It’s also rarely an easy experience. And why not? Well, in most instances—and certainly in Pennsylvania—it’s due to a legal process known as “equitable...

The concept of alimony has been with us for centuries. It’s older than the Roman Empire, predates the birth of Socrates and Aristotle and had been around for 1,000 years at...

There are many myths and misconceptions about the criminal justice system. The more a defendant knows about how the system actually works, the better he will be able to assert his...

If you have been injured and are seeking compensation it will speed things along if you can properly communicate with each other. If you ever have tried to negotiate with an...