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Small Business Bankruptcy: Strategizing With an Attorney

Nov 15, 2023

Running a small business can be a rollercoaster of challenges and triumphs. In the face of financial turmoil, hiring a bankruptcy attorney can be a crucial step toward saving your small enterprise. In this article, learn about the role of an attorney in guiding your business through troubled waters and helping you make informed decisions.



Assessing Your Financial Situation


A bankruptcy attorney specializes in understanding complex financial situations, and they can determine the financial health of your business. For example, an attorney can determine whether your business is capable of surviving or not, and then explore various options for improving the financial situation you are in. Trying to improve the situation without an attorney can cause further financial complications when there is a large sum of debts to pay.


Tailoring a Bankruptcy Strategy


Bankruptcy is not a one-size-fits-all solution, and an attorney can help you navigate the various types of bankruptcy. For instance, Chapter 7, Chapter 11, or Chapter 13 bankruptcy might best suit your business needs. An attorney will guide you through the complicated legal process and ensure that your interests are protected throughout the proceedings. A tailored strategy can make the difference between your small business recovering or closing down.


Restructuring Your Business Debts


Bankruptcy attorneys are skilled negotiators and can work with your creditors for better terms regarding your outstanding debts. This may involve debt restructuring, where the attorney helps you develop a repayment plan that is feasible for your business. By negotiating, you may be able to reduce the burden the debts have in your life and experience a more manageable path to recovery.


Protecting You from Harassment


Dealing with creditors can be overwhelming, especially when they resort to aggressive tactics like constant calls, threats, or legal actions. A bankruptcy attorney can shield you from such stress by acting as an intermediary between you and your creditors. An attorney will ensure that all communication is channeled through them, giving you the peace of mind to focus on rebuilding your business.


Protecting Your Business Assets


Preserving your business assets is paramount when facing bankruptcy. A bankruptcy attorney can help protect your business assets, such as equipment, inventory, and intellectual property from being liquidated to pay off creditors. They will employ legal strategies to safeguard what is essential for your business to recover, allowing you to emerge from bankruptcy with a stronger foundation.


Minimizing Personal Liability


As a small business owner, you may have personal liability for business debts. A bankruptcy attorney can help you navigate the complex boundaries between business and personal debts, which is important for shielding your personal assets from the reach of business creditors. Minimizing personal liability can secure your future apart from the financial situation of your business.


Doing Things the Legal Way


Bankruptcy proceedings involve complex legal requirements and paperwork. Filing for bankruptcy without legal representation can lead to costly mistakes and delays. A bankruptcy attorney ensures that all documentation and procedures are in compliance with the law. This not only expedites the process, but also prevents potential issues that could lead to your bankruptcy case being dismissed.


Planning Recovery After Bankruptcy


A bankruptcy attorney does not just assist during the bankruptcy process, but also plays a role in helping you plan for the post-bankruptcy phase. For example, an attorney can provide guidance on rebuilding your credit. They can also assist with implementing sound financial practices to ensure long-term business success.


Small business bankruptcy can be an emotional process, but it can also offer a chance for a fresh start. Understanding the types of bankruptcy, eligibility criteria, and the pros and cons of each option is crucial. Contact the legal experts at Charles J Schneider PC to plan your bankruptcy strategy in a way that maximizes the benefits and minimizes the drawbacks.

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