In today’s world, no company is immune from the pressures of market competition, regardless of how long that company has been around. Even time-tested ideas like flower and gift delivery can prove to be unprofitable if the company encounters an unforeseen problem or makes an unsuccessful business decision.
Of all available forms of business bankruptcy, Chapter 11 is the only one that allows for restructuring of a jointly-owned business, LLC or corporation (Chapter 13 restructuring is only available for sole proprietorships). Although the Chapter 11 process can be difficult, it is an opportunity to revive a business that may still be viable despite unanticipated hardships.
The business world is full of adages that encourage risk-taking (“nothing ventured, nothing gained”) and seizing opportunity (“strike while the iron is hot”). But this advice, while well-intentioned, needs to be tempered by appropriate caution. Even when a business is a booming success and continued growth seems inevitable, fortunes can change quickly.
There are all kinds of expenses that can come up in connection to running a business. Some of these costs are needed to put a company in a strong position to compete and succeed. However, some are unnecessary and end up bringing little benefit to a company.
This spring, Congress reintroduced a bill that would provide small businesses with greater opportunities to benefit from Chapter 11 bankruptcy. The Small Business Reorganization Act (SBRA), if passed, will add a Subchapter V to the United States Bankruptcy Code. New provisions propose giving businesses with less than $2,566,050 in liabilities a more streamlined method of debt relief.
Too many people think of bankruptcy as the end of the road for a small business – but it doesn’t have to be. Filing for Chapter 11 reorganization bankruptcy allows you to restructure business debt, satisfy creditors and get your company back on track. If all goes well, the business survives and even comes out stronger than before.
Chapter 11 bankruptcy can prove beneficial to businesses, individuals and the community. Without the ability to file a Chapter 11 bankruptcy, owners may not be able to sell their business, employees may lose their jobs, and contractual obligations may remain unfulfilled.
Chapter 11 bankruptcy can provide an important route forward for businesses that are struggling with debt. However, companies can encounter challenges when it comes to pursuing this route. Some argue that this may especially be the case for small businesses.
Your business has been struggling, and you now have debt that seems insurmountable. You have considered filing Chapter 11 bankruptcy, but you do not know if it is the right choice for you. Bankruptcy is a very useful tool for individuals and businesses that wish to discharge their debts and start over with a clean slate. If you are wondering whether to file Chapter 11, these are a few ways to determine whether this option is right for you.