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

The term “parole” dates back to the Medieval era, and comes from the French word for “speech,” although a more exact meaning is “word of honor.” Long before the modern criminal...

Personal injury lawsuits can be complicated and time-consuming for all parties involved, regardless of which side of the “v” they’re on. Claimants should be sure to avoid these common pitfalls. 1)...

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...

Life is expensive. If you are like most recipients of disability benefits, your budget is tight. You are always on the lookout for ways to make the most of every dollar...

At any given moment, there are roughly 660,000 people across the country using a cellphone or other electronic device while driving. That’s according to the U.S. Department of Transportation, which records...

Almost all of my personal injury clients come to me while they are still in pain. The treatment always seems the same: First, they went to the hospital where limited x-rays...

If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or...

For most of us, the experience of being arrested and charged with a crime would easily rank as one of the most frightening and stressful occurrences of our life. Undoubtedly, the...

It’s Friday night. It’s been a long hard week. You go out with some friends and have a little too much to drink. You can’t get a ride home and you...