The first thing you must realize is that there are multiple types of bankruptcy. The Chapter 7 bankruptcy filing involves the complete liquidation of assets and the dissolution of the business. The remaining chapters are 11 and 13. These two enable you to repay debts over a period of three to five years while providing some protection against creditors. Chapter 13 bankruptcy is frequently filed by sole proprietorships and partnerships with secured debts below $807,750 and unsecured debts below $269,250. Chapter 12 also exists, but it primarily applies to family farmers and is unlikely to affect you.
If you ever encounter problems, issues, or doubts regarding bankruptcy, do not hesitate to contact a bankruptcy attorney. They can assist you in determining whether or not your business should file for bankruptcy, as well as what kind.
The attorney will require complete information about your company's finances, income, assets, and liabilities. Organize all of this so they can file the appropriate forms with the bankruptcy court in a timely manner.
The instant you register for bankruptcy, your company receives immediate financial protection from creditors. In fact, the bankruptcy court notifies all listed creditors of your bankruptcy petition as well as the forthcoming creditors' meeting.
Once you file for Chapter 7 bankruptcy, the court will likely schedule a meeting of creditors at which you will surrender non-exempt assets to a court-appointed trustee. The court then liquidates your assets to satisfy your debts.
After filing for Chapter 11 or Chapter 13 bankruptcy, you are required to submit a repayment plan. Some courts may also require you to plan some form of business reorganization.
In this plan, you will demonstrate to your creditors how they would benefit more from the reorganization of your business than from its liquidation. It does not mean that you are out of danger just yet. The creditors then vote for or against the plan.
If you have filed for Chapter 7 bankruptcy, you will be debt-free within a few months if you follow all of the correct procedures.
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