Bankruptcy

Filing A Business Bankruptcy In Texas

The following article will cover:

• Types of Bankruptcy for Business: Explaining the different types of bankruptcy options available based on whether the debtor is an individual or a business entity.
• Debt Discharge in Business Bankruptcy: Discussing the potential discharge of debts for business entities in bankruptcy, focusing on the reorganization opportunities provided by Chapter 11 bankruptcy.
• Automatic Stay in Small Business Bankruptcy: Explaining the application of the automatic stay provision in small business bankruptcy cases, which provides protection from creditor collection efforts.

When Filing A Business Bankruptcy, What Type Of Bankruptcy Should I File?

The type of bankruptcy to file depends on whether the debtor is an individual or a business entity like a corporation or an LLC. If the debtor is an individual, they can opt for Chapter 7 bankruptcy, provided they qualify. They also have the options of filing for Chapter 11 or Chapter 13 bankruptcy. On the other hand, if the debtor is a business entity like a corporation, their choices are limited to Chapter 7 or Chapter 11 bankruptcy.

What Debt Can A Business Discharge In Bankruptcy?

When a business entity such as a corporation or an LLC files for bankruptcy, they usually do not receive a discharge in a Chapter 7 bankruptcy. Instead, these entities often opt for Chapter 11, which allows them to reorganize their debts. By proposing a plan of reorganization, they can restructure their debts and extend the repayment period.

Does The Automatic Stay Apply To Protection From Creditors In A Small Business Bankruptcy?

Yes, the automatic stay applies in a small business bankruptcy case. This provision halts all collection efforts from creditors, offering immediate relief to the debtor during the bankruptcy process.

Is It Better To File For Bankruptcy Or Just Dissolve My Business?

The decision to file for bankruptcy or dissolve your business is largely dependent on your business’s individual circumstances. If your business is viable, or has the potential to be resuscitated and become profitable, then it is often advantageous to file for bankruptcy. However, if your business is unprofitable and shows little promise of improvement, it may be more beneficial to dissolve the business. Each case is unique and warrants careful consideration and possibly professional advice. For more information on Filing A Business Bankruptcy In Texas, an initial consultation is your next best step.