Monday, February 13th, 2012


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What Information on Bankruptcy Do You Need to Know (to decide if you should proceed?)

Bad Debt Consolidation by splinder  
Filed under Bankruptcy

Bad Debt Consolidation

The decision to file for bankruptcy is a crucial one, especially for small businesses, whose owners invest a large amount of time and money in establishing and managing them. Before declaring bankruptcy, one must study maximum information on bankruptcy to dilute the detrimental repercussions of bankruptcy.[br]

Information on Bankruptcy for Small Businesses

An ideal bankruptcy option for small businesses is to file for chapter 11. All business entities including sole proprietorships can qualify for this chapter. A Chapter 11 enables a small business to reorganize its operations. This happens even as it continues to make subsidized payments to its creditors under a repayment plan established by the bankruptcy court. A chapter 11 bankruptcy does not relieve the burden of liability through debt discharge. Nonetheless, it enables a small business to generate a stable income and meet payroll effectively so as to get back on track.

Generally, small business owners are required to hand over some business assets to the court in favor of Chapter 11 restructuring expenses. Additionally, a trustee is appointed by the court to oversee day-to-day business operations. The small business owner’s decision may be overwritten by that of the trustee, if the court deems it fit.

A chapter 11 bankruptcy is costly and more time consuming than other bankruptcy chapters. If a small entity’s business obligations are too high, and assets are limited, a chapter 7 bankruptcy filing would be more appropriate. This chapter results in discharge of most of the debt; although the business ceases to operate.

Due to the inherent risk of loss of assets as well as income, a small business owner must consider other alternatives to bankruptcy:[br]

Planning an exit or selling the business: Although a difficult decision, doing so becomes a preferred alternative, considering the high risk of bankruptcy loss. By selling the business, a small business owner can ensure a fairly decent return. This is better than losing all business assets to repossession.

Transferring part of the ownership: A small business owner can use the returns from ownership transfer to clear a substantial part of the outstanding debt and divert efforts towards business growth.

Finally, a small business owner may consider liquidating assets, business as well as personal, to clear the debt and avoid bankruptcy.

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