Chapter 36 – Business Bankruptcies

An excerpt from Attorney Peter Francis Geraci’s “The Complete Book on Bankruptcy.” Learn more about misconceptions about bankruptcy!

Chapter 36 – Business Bankruptcies

Stein Mart is the most recent business to file for bankruptcy since the start of the pandemic. You may wonder what is a business bankruptcy and what does it mean? You may be a business owner thinking about filing for bankruptcy. Below is an excerpt from Attorney Peter Francis Geraci’s Complete Book on Bankruptcy.

At Geraci Law, we don’t do bankruptcies for operating business. You may as well wind it up properly yourself. Pay your taxes, sell your inventory, and close up. Businesses don’t get a discharge anyway. Chapter 7 only liquidates a business. You can do that by yourself.

You may have heard of major corporations reorganizing under Chapter 11 of the Bankruptcy Code. Small businesses seldom reorganize, and 95% of the businesses with under $2 million in sales that go into Chapter 11 do not reorganize successfully and go under completely. In October, 2005, a simplified reorganization procedure for small businesses was enacted.

Businesses don’t usually file bankruptcy because only people get discharges. Business usually wind up their affairs, pay off what creditors they can, and disappear. Only if a real person has personal liability, or the business really wants to liquidate using bankruptcy, do small businesses file.

Many small businesses are incorporated. If the owner of the incorporated business did not sign personally, it is only the corporation that is obligated. In that case, certainly the owner does not need a bankruptcy attorney. But does the small corporation need bankruptcy relief? The answer generally is, no. Just struggle along. If your small incorporated business is still alive, do the best you can. Stay away from bankruptcy. Make sure you pay the employee withholding taxes, unemployment taxes, and sales tax. Those are items that an officer or shareholder of a corporation may be held personally liable for. Try to pull out of your problem by yourself, and if you cannot, fold the business yourself.

However, if your business is not incorporated, you may be personally liable for its debts. In that case, the same rules apply. I see no benefit to putting a going business into bankruptcy court. If you are going under, just go out of business. Many creditors tend to just drift away. After you are out of business, and find a regular job, if anyone sues you, you may want to file a Chapter 7. Bankruptcy rules will generally not help a failing small business to succeed.

If you have already closed your business, and remain liable on its bills, and have other bills such as charge card debt, we may be able to get you a fresh start. We represent a lot of people who have already closed their businesses, there are no assets left, and they need to get a fresh start.

If that is your business is closed up, and you are now doing something else, and you just want to eliminate personal liability on loans, or if you have a 1 person business, you may benefit greatly from the bankruptcy relief which is available. But, if your business is still going, don’t call me!

Problem: Jose had a hot dog stand, and his rent doubled, and he was evicted. He is now working as a cook making about $32,000.00 a year, but that is not enough to pay for all the bills he ran up trying to save his small business, and now the creditors are suing him.

The Peter Francis Geraci Chapter 7 or 13 Solution: Jose can file a Chapter 7, list both his business and personal debts, and get a fresh start.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Geraci Law – The Firm You Know & Trust

The Chicago Blackhawks lost last night, they get another shot for a win. Let Geraci Law help you with a fresh start!

The Chicago Blackhawks lost their opener last night against the Las Vegas Golden Knights. The good news is they get another shot at Game 2 on Thursday. Geraci Law wants to help you with your second shot. If you lost your job, if you lost income, if you just feel like you are losing the battle of debt – Geraci Law is here for you. Don’t gamble your financial future!

Since 1977, Geraci Law helped over 250,000 people solve debt problems. We’ve been reviewed 30,000 times from HAPPY clients. These clients have two things in common. The first is they used Geraci Law to get out of debt. Second is their lives are better since filing for bankruptcy with Geraci Law. It’s just simply relief.

Bankruptcy can be scary – you might be worried or nervous. There’s enough in the world to be worried and nervous about. Bankruptcy with Geraci Law can help solve the debt nerves. Owing money you cannot pay is scary – bankruptcy should not be.

We work with everyone. We offer flexible payment options and if bankruptcy is NOT your best bet, we’ll advise you on alternative options. It’s what Geraci Law is here for – we want to change your life for the better.

Geraci Law can meet you virtually, by phone or we’re open at our several locations. It’s whatever is easiest for you. It starts with a free consultation. You can schedule this by calling 800 CALL PFG or online by clicking here. https://www.infotapes.com/Bankruptcy/OfficeLocator

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

No question too big or small – we’re nice, we’re experienced and we’re ready to help!

Rockford Residents – We’re Here for You!

Geraci Law Rockford office is open and ready to help any Chrysler workers!

Rockford Residents – We’re Here for You!

Back in 2013, Chrysler shut down the legal department. Before, Chrysler employees had free legal representation including bankruptcy filings. Now, Chrysler employees in need of financial help are left to find their own counsel.

Geraci Law is here for you in our Rockford, Illinois office. No one understands how hard it’s been for employees from Chrysler in Belvidere. Since 2018, you’ve dealt with multiple shutdowns, overtime cuts and furloughs ranging from one week to entire month. Geraci Law staff gets it. We know you are trying, we know it’s tough.

Meet our Geraci Law staff in Rockford. We’ve helped tons of coworkers, friends and family. Geraci Law is local and we’re here for you. Call us at 800 CALL PFG.

JKNAttorney Jason Nielson
Attorney Jason Nielson is a senior attorney at Geraci Law. He is licensed to practice in Illinois and Texas. Attorney Nielson started with Geraci Law in 2007. He is an expert in the Northern and Western districts of Illinois.

Clients say, “Pleased that everything went through in a timely manner! We were helped every step of the way, from filing Chapter 7 or Chapter 13. We were guided through each step, very helpful! Our minds were set at ease. Give a call to: Jason Nielson if you have questions about any Bankruptcy and Dept Legal Service you need. As with us, we are sure he will answer then guide you as to the best route for you! Thank you Jason.”

HRTAttorney Phil Hart
Attorney Hart used to work for Chrysler legal department, he now handles court work for Geraci Law. He’s an expert in Chapter 7 and Chapter 13 bankruptcy petitions.

 

 

 

JODAttorney Joseph D’Onofrio
Attorney Joseph D’Onofrio graduated with a Bachelor of Arts from Northern Illinois University. He went on for his Juris Doctorate at Valparaiso University Law School.

Clients say, “Filing bankruptcy is NOT something that I never thought that I should do HOWEVER circumstances changed and I thought it was the worst thing I could do to change my situation. However after going in to Geraci and talking to Mark I was put at ease and decided that it was the best thing I could do. Joe D’Onofrio continued to make this process quick and easy to understand and was of immense help to me. These folks are calming and so easy to talk to and I can’t thank them enough! They are awesome and continued communication has been awesome as well!”

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Geraci Law Helping Madison, WI

Geraci Law is now taking cases in Madison, Wisconsin – call us for a FREE consult!

Geraci Law Helping Madison, WI

Geraci Law is now taking cases in Madison, Wisconsin and the surrounding areas! If you are in the Western District of Wisconsin, Geraci Law can help you handle your debt. You can meet with an experienced attorney with the Geraci Law difference. We can meet with you via video from the comfort of your own home.

Our Wisconsin Team (all are graduates of University of Wisconsin – Go Badgers!)

PARAttorney Jonathan Parker

Attorney Jonathan Parker is a senior court attorney and supervisory attorney at Geraci Law. He is responsible for the majority of the firm’s litigation as well as counsel to Attorney Peter Francis Geraci.

Attorney Parker’s professional experience includes providing client consultations, filing bankruptcy petitions, handling the firm’s litigation, and legal research. He has won and appealed numerous cases for the benefit of his clients. He is a leading expert in consumer bankruptcy law.

He is the attorney of record on 7,934 cases and he’s appeared in court on 4,844 of them. Attorney Parker helped over 5,000 people solve their financial problems.

He has extensive knowledge of the United States Bankruptcy Code and debt settlement. Attorney Parker will determine your best course of action to solve your financial problem. You should expect nothing but the best representation when Attorney Jonathan Parker is on your team.

LSAAttorney Lisa Ellmaurer

Lisa graduated from the University of South Carolina in 2010 double majoring in International Business and Finance and double minoring in German and Chinese. She graduated from the University of Wisconsin Law School in 2013.

During law school she externed for the Wisconsin Department of Justice’s Consumer and Antitrust Unit and worked at the UW Law and Entrepreneurship Clinic. She also served as an Editor for the Wisconsin International Law Journal. Lisa is admitted to practice in both Illinois (2013) and Wisconsin (2013). Employee since 04/2014.

AMGAttorney Andrew Golanowski

Atttorney Andrew Golanowski graduated with Bachelor of Arts in Philosophy from the University of Wisconsin-Madison. He went on for his Juris Doctorate from the University of Wisconsin-Madison.

He is a supervising court attorney for the Eastern District of Wisconsin and is ready to help solve any complicated bankruptcy issues.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Come Meet Attorney Berning in Wauwatosa, WI!

Free attorney consultation for debt relief options in Wauwatosa/Milwaukee, Wisconsin.

Come Meet Attorney Berning in Wauwatosa, WI!

Did you know Geraci Law is open in Wisconsin? Come meet Attorney Brent Berning at our office in Wauwatosa, Wisconsin. We’re right across the street from the Mayfair Mall at 2505 N Mayfair Road.

Worried about COVID-19 but still want to meet with a local attorney? No problem! Attorney Berning offers video meetings – all you need is a cell phone.

Read what real Geraci Law clients say about the Wauwatosa/Milwaukee office and Attorney Brent Berning.

“I have never filed for bankruptcy before…i was very nervous for my first visit. Before i knew it Brent Berning was introducing himself and reassuring me i have come to the right place. He was professional, pleasant and even funny which really eased up my nervous-ness given my bankruptcy situation. He explained everything to me in a way i could understand. I have nothing but wonderful things to say about this company. Thank you Brent and Geraci Law for helping me through this and thank you for helping me get my life back on track! You rock!”

“I had the pleasure of speaking to Brent Berning today and would just like to say Thank You Brent for your Professionalism in answering all my questions that I had today! You really made a great impression the way you handled all the details about my concerns I had! You are a true professional and a great asset to your company! Thank You Very Much Sir”

“I’m glad that God brought me back to Geraci Law 7 years later to the same attorney, Brent Berning. Keep up the good work.”

“There are events and circumstances that come up in life, some you can handle and some you can’t. When you reach the point of knowing you can’t handle things on your own and you get the gut feeling that you should seek help, had this heavy like feeling, so I recently had a consultation and met a person that not only does his job well but he went the extra mile. Such a great listener, he made me feel very comfortable to talk openly and freely, while expressing that the process is painless. I felt as though I was talking to one of my good friends who was assisting me with rolling away stone. I truly want to take this time to thank you for walking me through the process. That answer for me was Attorney Brent Berning. Keep up the exceptional work.”

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Chapter 9 – Is Bankruptcy Bad?

An excerpt from Attorney Peter Francis Geraci’s “The Complete Book on Bankruptcy.” Learn more about misconceptions about bankruptcy!

Chapter 9 – Is Bankruptcy Bad?

Below is an excerpt from Attorney Peter Francis Geraci’s Complete Book on Bankruptcy.

No. Owing money you can’t pay is bad. Money can be used for good or bad purposes. People end up without money because of circumstances beyond their control, or for other reasons. Bankruptcy merely adjusts the debt situation to 0 again. You start out even. You get a fresh start, while still keeping the necessities of life. But the prevailing attitude about bankruptcy is that is “bad.”

This is an interesting perception. The origin of bankruptcy can be found in ancient traditions, as found in the Bible, Deuteronomy 15.1: “In the 7th year, each creditor shall release his debtors. This shall be known as The Lord’s Release.” In the Old Testament, it was the policy that a debt could exist only 6 years, and should be relaxed or forgiven in the seventh year. The purpose was to prevent damage to society by allowing a debt to live forever. The lender was cautioned thereby to lend only as much as the borrower could reasonably be expected to repay.

There are other Biblical references to debt, such as St. Paul’s admonition in Romans 13:8; “Strive to owe no debt, except that debt that binds us to love one another.” I have found nothing in any religion that states that owing money to another is “good.” In the Koran, there is a prohibition against lending money at interest. In most Moslem countries today, Moslems borrow at no interest from “banks of the faithful.”

In modern times, lenders do not follow this idea. In an era where charge cards are sent out through the mail and applications are “pre-approved”, creditors lend money without regard to whether or not the borrower can pay it back. They cover their losses by charging huge rates of interest. I have seen contracts with interest rates as high as 53%. In olden days, this was known as usury. Technically, any lending of money at interest is known as usury. But, until modern times, it was the money lender, or usurer, that was bad, not the poor person who had to borrow.

Of course, capitalism could not exist without the practice of lending capital and charging interest. But bankruptcy laws provide a legitimate, legal, and moral safety valve for the excesses of the credit system. Now, you don’t have to join the French Foreign Legion, disappear to Australia, or blow your brains out, to escape from your creditors. Bankruptcy was so important to the Founding Fathers of the United States, that, when the U.S. Constitution was written in 1787, they directed Congress to make uniform bankruptcy laws. Article III, Section 8 of the United States Constitution states: “Congress shall make uniform laws relating to Bankruptcy.”

Bankruptcy is therefore more fundamental to the United States of America than the Bill of Rights, and such things such as freedom of the press, and freedom from unreasonable searches and seizures.

The United States Bankruptcy laws are part of the Federal Code. They were passed into law by the United States Congress, our elected Senators and Representatives. All bankruptcy in the United States is governed by federal law, and the procedures are as much a part of our society as lending money at interest.

After the American Revolution, when the first Continental Congress met in 1787, one of the topics debated was whether or not to have a uniform bankruptcy law. Many of the American settlers had to run from creditors in England. They had to leave the country to avoid being thrown into debtor’s prison. Each American colony had different laws relating to collection of debts. Some had provisions that a person could be jailed for debt, and some, like the colony of Georgia, were havens for debtors and had laws which prevented bad treatment of people who owed money

There was little disagreement between the Founding Fathers of the United States of America, when it came to having a bankruptcy law. Freedom from debt was important, and so was the ability to start fresh. Therefore, in the United States Constitution, Article III, Section 8, we find the provision, “Congress shall make uniform laws relating to bankruptcy.”

However, the banking lobby was so strong that each state kept their own bankruptcy laws until 1898, when the U.S. Bankruptcy Code was passed. It was modified greatly in 1978 to deal with the amazing amount of consumer credit, and is constantly being tinkered with by Congress to balance the interests of those who lend money, and those who borrow it.

Abraham Lincoln was a bankruptcy lawyer. In Springfield, Illinois, Old Abe filed about 1/2 the bankruptcies in Illinois in 1842. 1/2 of his legal work involved debt cases.

It is to the advantage of moneylenders, to use public relations techniques to convince the public that bankruptcy is bad, and to make it something that is bad or evil. I agree that you should not discharge your debts until it is absolutely necessary, but there is certainly nothing wrong or illegal about it. No one comes out to your house and takes your clothes. No one paints a big “B” on the sidewalk in front of your house. In fact, no one is interested.

If you find yourself with no savings, nothing left over after you pay your rent, mortgage, food and utilities, and still have bills to pay, you should consider taking advantage of the fresh start provisions of the bankruptcy law. Bankruptcy is like getting a fresh start. Your debts are forgiven, except those that you want to continue to pay, and you can start saving money and doing things the right way, instead of suffering because of the credit trap.

People come into my office and ask, “What will happen to me if I file a bankruptcy?” No one ever came in, when I used to be a general practice attorney, and said, “What will happen to me if I don’t have get convicted for running a red light?” They never said, “What will happen to me if I sell my house?” But people who are being chased by bill collectors sometimes feel that they should not be able to get relief and that they will be punished if they get a fresh start. They do not realize that a big part of bankruptcy laws is forgiveness.

Nothing will “happen” to you if you file a bankruptcy. You won’t suddenly become rich and famous, or popular, or beautiful or handsome, and, on the other hand, you won’t suddenly be miserable and an outcast. One out of every 22 Illinois families will file for some type of bankruptcy relief, on the average, and in some states, the average is higher.

So, if you have problems with bills, getting the proper advice from a bankruptcy attorney as to whether or not some type of bankruptcy relief would make your life better, should not be looked on as bad. You should think of it as provision in the Federal laws that was put there by Congress to help people get out of debt.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Free Attorney Consult in Indianapolis

Come meet with a Geraci Law Attorney in Indianapolis – it’s FREE!

Free Attorney Consult in Indianapolis

Come meet us in Indianapolis for a free consultation about your debt. We’re located at 7007 S US 31 – at the corner of Southport & U.S. 31 in the Shopping Center, directly next to Paradox Dental Center.

Don’t want to come into the office? No problem!  You can schedule a video meeting with a local attorney.

Read some of the Greenwood location reviews below!

“They were fantastic to work with from start to finish! Communication was great and there knowledge of bankruptcies was excellent! They were very professional and actually cared about my situation! I would definitely recommend them without hesitation! My attorney Chad was super nice and answered all my questions in a timely matter! I don’t think they could of done any better! I am very happy with everything!”

“They’re super nice and made the process SO much faster and easier. I’m so thankful for them. They answered all of my questions and they also don’t blow up your phone with messages thankfully. They also get back to you in a timely manner if they missed a call. It’s overall a great place.”

“I have to say I have so much respect and love for Patrick w. McNulty he was very kind and take the time to explain all my options i mean i was shocked at how good this man is I will definitely be back and 100 percent recommend !!!!!!!!!!”

“Anthony Shull is awesome. He was there every step of the way, and made the process so easy. I feel like can contact the off any moment of the day with questions. This has been the most stressful year of my life, and because of Anthony Shull and the Peter Geraci crew, I walked out of their office with the weight of debt off of my shoulders. Can’t thank you enough.”

“Highly recommend coming here if you need help. They treat you with dignity and respect all while answering any questions or concerns you have. Don’t put off getting help if you need it. They’re here for you and will put your mind at ease. Chad is awesome and very professional! Thank you for all of your help!”

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Have a GREAT & SAFE Weekend!

Have a great weekend – don’t let debt ruin your Saturdays, let Geraci Law help you come up with a financial plan!

Have a GREAT & SAFE Weekend!

Don’t let debt ruin your future Saturdays. Come up with a financial plan this weekend! Start with a budget – you can use Geraci Law’s FREE budget guide. 

If you have more debt than income, if you are using credit to pay for living expenses – it might be time for a new plan. Call us – we’re here to help.

Looking for more information?

Check out links below:

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Free Attorney Consult – Westchester

Free attorney consultation for debt relief options in Westchester, Illinois.

Come visit Attorney Christine Kuhlman in Westchester, Illinois for a free consultation regarding your debt relief options. We’re located at 927 S. Mannheim Rd. Westchester 60154. We’re just South of 290/Mannheim on the East side of Street, next to BP gas Station and across from Target/Holiday Inn Express.

Attorney Christine Kuhlman is an attorney at Geraci Law. She has vast knowledge of Chapter 7 and Chapter 13 bankruptcies. She graduated with a Bachelor’s Degree in English from DePaul University and a Juris Doctor from John Marshall Law School.

Attorney Kuhlman is a member of the Illinois Bar Association, DuPage County Bar Association, and the DuPage Association of Women Lawyers. From the first consultation to bankruptcy discharge, clients should expect nothing but excellence from Attorney Kuhlman.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Bad Credit = MORE Interest

Credit scores fall into 5 categories to determine interest rates. Consider Geraci Law to help with your credit score!

Bad Credit = MORE Interest

According to an article on CNBC (read here) – more than 1/3 Americans have a credit score that is considered “subprime.”  If you are one of these people, you may end up paying THOUSANDS more in interest than borrowers with better credit scores. Filing a bankruptcy can HELP improve your credit score!

The Consumer Financial Protection Bureau (CFPB) puts Americans into five different categories.

Deep Subprime – any credit score below 580

Subprime – any credit score between 580-619

Near-prime – any credit score between 620-659

Prime – any credit score between 660-719

Super-prime – any credit score above 720

Where do you fall? Your credit score is not only determined by timely payments. Your debt to income ratio plays a role. Do you have more debt than income in a year? Are you behind on payments? Are you considering borrowing money from a 401K or family member to pay off debt? Before you make a huge decision, talk with a Geraci Law attorney (guess what – it’s FREE).

Even if you are paying your minimum payments, you may not realize how much you are paying in interest! According to the CFPB, a Deep Subprime borrower paid 21.50% interest versus a Super-Prime borrower paying 12.50%. That is a HUGE difference.

Filing a bankruptcy could change your life for the better. You may IMPROVE your financial future to qualify for the better rates on mortgages, car loans or even credit cards. Don’t know your credit score? Not sure of what debt is reporting? Geraci Law can help!

Want more information about credit scores and bankruptcy? Below are a couple of links to related topics!

FICO Creates New UltraFICO Scoring System

When Should I File For Bankruptcy?

Credit Concern? Call Geraci Law!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.