Do I Need To File Bankruptcy If My Small Business Fails? - Bankruptcy Questions Answered

Fisher-Sandler has been helping people get out of debt since 1999. We’ve helped thousands of clients file for bankruptcy and we can help you too! Our experienced attorneys have successfully handled thousands of chapter 7 and chapter 13 cases in Northern Virginia.

If you're a struggling small business owner—especially a sole proprietor—filing for Chapter 7 bankruptcy could help you save your service-related business or provide a simple way to close it. It's rare to put any other type of business in a Chapter 7 bankruptcy—such as a partnership, LLC, or corporation—because it's usually not beneficial. The business won't receive a debt discharge, and filing for bankruptcy can increase other liabilities, such as a lawsuit to pierce the corporate veil.

A sole proprietor typically uses Chapter 7 after a business closure (but not always—more below). The benefit to the filer can be substantial because Chapter 7 will discharge (erase) both qualifying business and personal debts, thereby genuinely giving the debtor a fresh start. Unlike a Chapter 11 or 13 filing, Chapter 7 doesn’t require creditor repayment. And it's fast, taking three to four months to complete.

The downside is that all business and personal property become part of the bankruptcy estate. But you won’t lose everything. Bankruptcy law allows you to keep “exempt” assets in Chapter 7, such as some equity in a home and car, household goods, a retirement account, clothing, and a small amount of the equipment needed in your profession. The Chapter 7 bankruptcy trustee sells assets that aren’t protected by an exemption and distributes the proceeds to creditors.

I often get calls from people who want to know if I can help them file bankruptcy for their business. After trying their best, for one reason or another their business plan just didn’t work out. Maybe they didn’t have enough capital. Maybe their household couldn’t survive on one income while the business got up and running. Whatever the reason, they want to know if the can declare bankruptcy to get out from under the debt for the business.

As a general rule, it’s fairly unusual for most small businesses to file bankruptcy. In most cases, the business’s debts far outweigh the business’s assets. If creditors were to try to collect the debt from the business, they wouldn’t get anything from the business. There just isn’t any practical reason for the business to file bankruptcy. The one reason a business might want to file bankruptcy is if it has a great deal of inventory or property that it needs to get rid of to satisfy its creditors. Some business owners will file bankruptcy in that case to let the bankruptcy trustee deal with the distribution of these things.

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DISCLAIMER
The information in this video is not intended to provide legal advice or to create an attorney-client relationship; but is intended for general education and information purposes only. Laws change periodically, therefore the information in this video may not be accurate. It is imperative that you seek legal counsel in order to determine your rights and obligations under the law and based upon your specific circumstances.