Bankruptcy Filing Will Not Save a Going Business

Geraci Law lawyers have been practicing bankruptcy for a combined total of 500 years, some as many as 25 or more than 40 years. Our advice is: “if you are running a business that is failing, do not file bankruptcy. Close the business, file your tax returns, and come and see us in two years”.

Read new article from Attorney Peter Francis Geraci titled, “Bankruptcy Filing will not Save a Going Business.” Read more articles at https://www.infotapes.com/articles/news/75/bankruptcy-filing-will-not-save-a-going-business/

Full article is below.

Small business bankruptcy or self-employed bankruptcy is usually a bad idea

By Peter Francis Geraci

Why Self- employed and small businesses DO NOT QUALIFY for bankruptcy relief.

Bankruptcy, whether it’s Chapter 7, 11 (whether a regular chapter 11 or the new subchapter 5), 13, does not solve the common problem of lack of money. Most self-employed people were small businesses have your regular income, and often can’t even meet payroll or regular living expenses. Businesses are doomed to fail. Bankruptcy will not solve that problem.

Geraci Law lawyers have been practicing bankruptcy for a combined total of 500 years, some as many as 25 or more than 40 years. Our advice is: “if you are running a business that is failing, do not file bankruptcy. Close the business, file your tax returns, and come and see us in two years”.

There are many good reasons:

 if you have a corporation, or an LLC, and you’re not operating as a self-employed person, Corporation filing Chapter 7 results in the corporation getting by a bankruptcy trustee

corporations can’t file under Chapter 13. Corporations that file under Chapter 11 usually get converted to chapter 7 on that liquidated, the fees are very high, and it’s only for corporations that have positive cash flow, or can get new financing to continue operating. Its like trying to save the Titanic.

if you are a small business that is not incorporated or an LLC, it is usually a bad idea to file either chapter 7 or 13 total businesses been closed for at least two years

A small business that files Chapter 7 gets the business liquidated by a bankruptcy trustee. You can do that yourself, way cheaper. It is a much better idea to simply close it if you don’t want to operate it, pay all the taxes doing file all the necessary returns, wait two years and see if anybody is bothering you.

In order to reorganize your debt with Chapter 13, you have to have enough regular income in order to pay your regular business expenses, and then pay taxes on the profit, and then take home after taxes enough money to pay your regular living expenses, with at least $300 left over to devote to paying creditors. Very few self-employed businesses produce enough income to cover regular business expenses, let alone living expenses 

Chapter 7 or Chapter 13 filing for individuals who are regularly employed is often a wonderful solution to the problem of too much data and not enough money. When a business is involved, the paperwork doubles or triples. You must answer questions under oath, about business financial affairs, and you’re not going to discharge payroll taxes if you haven’t paid them, or other employee obligations. In addition, a copy of your bankruptcy will go to the IRS, and you will be required to file your state local and federal tax returns before getting any bankruptcy relief.

We have seen many bad things happen to individuals who go to lawyers who are only too eager to take a couple files and can file a Chapter 7 or 11 for a business that is either still operating, or hasn’t been closed for more than two years. We’ve seen it turn into a real mess, and in some cases into federal indictments. We could go into a lot of examples, but if you are planning to file a business bankruptcy, we suggest that you don’t. Either tough it out, and hope that things get better, or close it and pay your taxes and file your returns. If you can’t pay the taxes, file returns anywhere, because you may be able to discharge income taxes if you file truthful returns come and see us in two or three years! Be very careful to pay your employee taxes and withholding because if you were supposed to turn over withheld funds to the government and you don’t, there is no statute of limitations about discharge.

There are a lot of small businesses that fail. Chances are good that 70% of small businesses will fail within three years. If that happens to your business, you should not file a bankruptcy immediately, if at all. You should

  1. wait until the businesses closes
  2. file all tax returns even if you can’t pay the taxes due
  3. keep your books and records because that is another requirement,
  4. return all property that is security for a loan, to those lender
  5. don’t do anything weird like transfer or hide assets, bankruptcy judges hate that

and then and only then come and see us about cleaning up the mess and getting a fresh start after the businesses closed. Be very careful if you don’t heed this advice and some attorney wants to file a bankruptcy when a business is still open, and you haven’t filed all tax returns. You could be paying a lot of money for nothing and even get into big trouble.

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 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.