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When companies file for bankruptcy, there exist many legal issues to resolve. Consultation with an experienced bankruptcy attorney is critical. Choosing how to file and what statute to file under are questions often determined by the legal structure of the company. Businesses may be sole proprietorships, partnerships, or corporations. Special corporation structure entails different handling, such as S corporations.

Types of Bankruptcy for Business

An attorney can help analyze a company's financial situation and make recommendations. If the attorney and business owner or company officer decide bankruptcy is the best solution, then they must determine which bankruptcy alternative would be most beneficial. The following types of bankruptcy may be filed by businesses.

  • Chapter 7 Bankruptcy. This form requires total liquidation of the company and all assets. If the company just wants to close its doors, then this might be the best solution. Large companies might just sell off assets, and they could continue to operate at a reduced level. A trustee is appointed to oversee the liquidation and pay off creditors.
  • Chapter 11 Bankruptcy. This form is a reorganization. The firm continues to operate under protection against creditors' claims. Owners negotiate and formulate a plan to satisfy creditors. In corporations, creditors often end up with common stock as part of the settlement.
  • Chapter 13 Bankruptcy. This form of bankruptcy applies to individuals, but it often makes sense when a sole proprietorship owner's business and personal finances are inextricably linked.
How Assets are Distributed

Corporate assets are distributed according to a specific formula. Secured creditors get paid first. If there is any money left, then unsecured lenders are paid. Stockholders are at greatest risk, and they only get paid if there are assets left after paying legitimate debts. Stocks are risky, and investors can lose everything. Bondholders are considered lenders, and they have a greater chance of recovering some of their investment. Stockholders are company owners, and their stock is completely at risk.

Attorneys Provide Financial Expertise

Choosing the correct form of bankruptcy can be challenging, and attorneys can help analyze complex balance sheets, financial forecasts, and other data to help determine the proper course. Chapter 11 reorganization allows courts to excuse some debts, but others must be repaid. Preparing a plan that the creditors or court will accept requires sound knowledge and negotiating skills that attorneys provide. Many companies emerge from Chapter 11 Bankruptcy stronger than before. Reorganization allows companies to shed debt and streamline operations to retain only the most profitable operations. Good legal advice is invaluable for struggling firms facing bankruptcy.

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13y ago

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