Sometimes you work on your business, but the returns aren’t worth it. You end up with debts and might upset your employees. While you may want to hold on to your business, you should know your options. Closing shop and taking time to figure the next will do you more good than harm. If you feel like you are far gone, then filing for bankruptcy is the way to go. The one thing that will help you decide is knowing what will happen to your business after the move.
Other things that might affect your business are your personal choices. If you are in business and make poor financial decisions in your life, they may affect the business you are running. These are some of the things you need to keep in mind when filing for bankruptcy.
Filing for bankruptcy when you have a business partner is a bit more complicated. While you might think that the business is going under, your business partners might not hold these views. In such cases, it makes sense if you get an attorney who will advise you on the steps to take. More often than not, applying for bankruptcy while in a partnership might not work. It is best if you get out of the partnership first. The reason being, you might have signed an agreement while in the partnership that prevents you from filing for bankruptcy.
Corporate and Single-Member LLC
Suppose you are part of a corporation. Filing for bankruptcy might affect your shares. In case you are the sole owner of the corporation, the board of trustees might liquidate your assets. They do this to see if they can pay off your debts. If you co-own the corporation, your debts will not affect the corporation. You can file for bankruptcy and let the business thrive. If the business is the one with issues, then your credit score might also be affected.
If you are a solo business owner, you might have it easy to close down your business and file for bankruptcy. The reason for this being that you are the one who is recognized as the owner of the business. Before the state declares you bankrupt, you will need a bankruptcy trustee to evaluate your assets. They will look at how the business has been doing and see whether you are operating at a profit or loss. They will also look at the loans the business has accumulated over time. Using this, they will determine whether the loans can be repaid if the business continues operating.
Since the process will take a couple of months, you might want to close down the business. The bankruptcy report will come later, and you might have made even more losses than anticipated. Once the trustees get back to you, you can file the bankruptcy claim. Since you do not own the business on your own, your debt might affect the business. In case it is the business that is going down, you might have to shut it down.
Choose the Right Attorney
Filing for bankruptcy can be a daunting, long, and a cumbersome process. If you miss out on a process, then your request to file for bankruptcy might get rejected. The only way to ensure success is by ensuring you have the right person to help you out. There are various attorneys available that can help you file for bankruptcy. They will ensure that you file the right documentation and that the process goes smoothly. You will avoid many issues that might arise from you not knowing what you need to do. The sooner you make a drastic choice for your business, the sooner you can get back on your feet. Ignoring your business losses might put a dent in your pocket and might permanently damage your credit score.
One thing you need to remember when running a business is not to make it personal. There are times you will succeed, and other times you will fail. In the event of failure, know when to fight and when to let go. It will save you a lot of trouble and heartache.
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