When your company is facing debt problems, it can be hard to know if or when to file for bankruptcy. Consulting with an experienced bankruptcy lawyer can help your business determine if it needs to file for bankruptcy.

In the today’s economic climate, an increasing number of businesses are suffering from financial stress. When debt is piling up, it can be difficult to determine if or when to file for bankruptcy protection. The following is concise overview of the issues surrounding bankruptcy, but you always consult a professional bankruptcy lawyer before making any decisions regarding filing for bankruptcy.

When to file for bankruptcy? The short answer is you should try every other solution before filing for bankruptcy.

For small business owners, a business bankruptcy can affect your personal finances. If your company is a partnership or sole proprietorship, you can be held personally responsible for your business debts. That means your personal assets can be used to satisfy your creditors! Of course, in these cases, you should seek every potential alternative to bankruptcy in order to protect your personal property and assets. Moreover, a bankruptcy filing will probably make it harder to start a new business down the road. Not only will your assets be depleted, but you’ll also have the social stigma and financial baggage of a past bankruptcy.

However, even when your company is besieged by creditors, there may be non-bankruptcy options available. Restructuring and financial workouts can help satisfy your debtors without filing for bankruptcy. In many cases, just informing your creditors that you’re considering bankruptcy is usually enough incentive to bring them to the bargaining table. These bankruptcy prevention methods facilitate the creation of a compromise between your business and debtors. Whereas a bankruptcy would likely result in the creditor getting nothing, these negotiations result partial repayment, Workouts and debt restructuring are an effective way of satisfying your company’s debts without the hassle, cost, or embarrassment of a filing bankruptcy.

On the other hand, if your creditors are refusing to compromise and your debts can’t be resolved any other way, bankruptcy protection may be your only option. Depending on your business structure and financial situation, there are a number of options available for corporate bankruptcy. To determine the most appropriate chapter of bankruptcy for your company, you’ll want to consult with an experienced bankruptcy attorney. In fact, if you’re facing mounting debts, you may want to consult a bankruptcy lawyer before the situation becomes dire. He or she may be able to help get your company turned around with knowledgeable guidance and bankruptcy prevention advice.

While your mounting business debts and fed-up creditors may make you feel like filing for bankruptcy is your only option, there are viable alternatives to corporate bankruptcy. With the guidance and negotiations of a skilled bankruptcy attorney, you may be able to resolve your business debts in a way that satisfies your creditors without declaring bankruptcy!

Financial restructuring, workouts, and turnarounds are all strong options for overcoming your business’s debts. These involve working with your creditors to resolve your debts and enable the business to continue in operation. With options to renegotiate and reorganize debt, workouts can help your company regain liquidity without filing for bankruptcy. Turnarounds also utilize debt restructuring, but they additionally focus on organization restructuring, redesigning operational aspects of the business to resolve underlying issues.

You may be wondering why creditors would be willing to renegotiate debt. The simple truth is that bankruptcy protection generally means creditors take a major hit, seeing little-to-no repayment of the monies owed. Rather than being unenthusiastic about a workout, your creditors are likely eager to discuss debt restructuring because it’s the best option for having their debts fully satisfied!

When considering bankruptcy versus a workout, keep in mind that filing Chapter 7 bankruptcy or Chapter 11 bankruptcy is usually more invasive than a non-judicial solution. In addition to generally being less expensive, workouts and turnarounds are typically more private. With all of the financial disclosures, schedules of assets and liabilities, and in-depth reports, bankruptcy protection exposes the full gamut of your financial records to the United States Trustee, and ultimately, the public.

Of course, each situation is unique, so it’s important to consult an experienced bankruptcy lawyer for specific advice. They’ll be able to guide you through all the options available for your business’s specific needs and help you determine the appropriate course of action for your company.

In these stressful economic times, it’s important to know that your business is not alone: a bankruptcy attorney can help! Contact your local bankruptcy prevention specialist for more information.

With today’s struggling economy, many businesses are finding themselves swimming in unmanageable debt. When it’s impossible to make ends meet any longer, corporate bankruptcy is one solution. Businesses have several options available for bankruptcy filings, and depending on your debts, corporate structure, and other factors, your company may benefit differently from each type of bankruptcy filing. Listed below you’ll find a basic explanation of your business bankruptcy options, but be sure to consult with your bankruptcy lawyer for additional information and advice.

Chapter 7 Bankruptcy Liquidation

For companies with extreme financial difficulties and for sole proprietorships, Chapter 7 bankruptcy may offer the best resolution. In this type of bankruptcy, assets are sold off to satisfy all or part of your debts, and your company ceases operation.

Chapter 11 Bankruptcy Reorganization

Most commonly used by medium-sized and large corporations, Chapter 11 bankruptcy has been in the news a great deal recently with the highly publicized bankruptcies of GM and Chrysler. Also know as bankruptcy reorganization, Chapter 11 does not necessarily involve selling off assets. Rather, the company continues operation and goes through a structural and financial reorganization designed to help the company regain profitability. Chapter 11 can involve restructuring business debts with creditors, selling off assets to streamline the corporation, and other changes.

Chapter 12 Bankruptcy (for Family Farmers and Fishers)

This specialized form of bankruptcy is only available to struggling family farming and fishing operations.

Chapter 13 Wage-Earner Bankruptcy

Often used in personal bankruptcy filings, Chapter 13 bankruptcy can be used by sole proprietorship companies to repay debt over time. Allowing the business owner to retain ownership of assets, wage-earner bankruptcy creates a repayment schedule to satisfy creditors, usually over the course of three to five years.

For businesses suffering in today’s down economic market, corporate bankruptcy may be the only way out. To ensure you make the right decision for your struggling company and to assist in filing for bankruptcy, be sure to consult an expert bankruptcy attorney in your area.