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

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...

Imagine staring at a thick manila envelope just delivered by the Bucks County Sheriff, knowing you are being sued. Or perhaps you have spent months trying to get a business partner...

In Pennsylvania, individuals who either plead guilty to a crime or are found guilty of a crime following a trial are often sentenced to a period of incarceration in a jail...

After a separation or divorce Child custody schedules specify each parent’s time with their children. Schedules are very detailed and include information about custody during weeknights and weekends, as well as...

You have a Will! Congratulations. You are in the minority in the United States. Some surveys show that only 39% of people in the United States have a Will. When we...

One of the most often asked questions in a Chapter 7 bankruptcy is “what will happen to my property?” The answer depends on whether the property is “secured” or “unsecured.” Unsecured...

Do you have a landfill lurching over your backyard? Is your next-door neighbor a nightclub? If not, you can thank your local zoning laws.   What is zoning? What is zoning?...

Writing a will is one of the basics of estate planning. It’s also something 40 percent of us avoid doing. And on some level, we can understand that. Writing a will...

Losing a loved one is a tragedy that requires space to grieve, and the last thing a family needs at that time is to deal with unexpected costs. However, there are...