Staying Open through Bankruptcy: What You Need to Know

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Bankruptcy is a legal process that a business can undergo to relieve itself from overwhelming debts. It’s a process that allows businesses to restructure their finances and operations, or liquidate their assets, to pay off their creditors.

However, many wonder if a business can file for bankruptcy and stay open. The answer is yes, but it depends on the type of bankruptcy filing and the business’s financial situation.

Here are the different types of bankruptcy and how they affect a business’s ability to stay open.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the most common type of bankruptcy that businesses file. It’s also known as liquidation bankruptcy because it involves selling a business’s assets to pay off its debts. In a Chapter 7 bankruptcy, a court-appointed trustee takes control of the business’s assets and sells them to the highest bidder. The proceeds from the sale are then used to pay off the business’s creditors.

In most cases, a business that files for Chapter 7 bankruptcy cannot stay open. The business’s assets will be sold without the necessary resources. However, in some cases, a business may be able to continue operating if it has assets exempt from liquidation. For example, if a business has a lease on a property exempt from liquidation, it may be able to continue operating from that location.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is a type of bankruptcy that allows businesses to restructure their finances and operations to pay off their debts. It’s also known as reorganization bankruptcy because it involves reorganizing a business’s finances and operations to make it more profitable. In a Chapter 11 bankruptcy, a business remains open and continues to operate while it develops a plan to pay off its creditors.

Unlike a Chapter 7 bankruptcy, a business that files for Chapter 11 bankruptcy can continue operating while it restructures its finances and operations. This is because the business is not required to sell its assets to pay off its debts. Instead, it can negotiate with its creditors to develop a repayment plan to continue operating while paying off its debts.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a type of bankruptcy that individuals typically use to restructure their debts. However, some small businesses may also be eligible for Chapter 13 bankruptcy if they meet certain criteria. In a Chapter 13 bankruptcy, a debtor develops a repayment plan to pay off their debts over three to five years.

While businesses do not typically use Chapter 13 bankruptcy, it may be an option for small businesses with a sole proprietorship or partnership structure. However, it’s important to note that a business that files for Chapter 13 bankruptcy may still be required to sell some of its assets to pay off its debts.

Conclusion

 A business can file for bankruptcy and stay open, but it depends on the type of bankruptcy filing and its financial situation. Ultimately, the decision to file for bankruptcy should be made after carefully considering the business’s financial situation and its potential impact on its operations.

Are you looking for the best tax attorney in New York to help you with your business bankruptcy and IRS negotiations? Look no further than the Law Offices of Stephen B. Kass, P.C. With their proven track record of success and expertise in tax settlements, IRS litigation/negotiations, and business bankruptcy services, they are the go-to choice for businesses needing financial relief. Contact us today!

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