Even businesses that are founded on great ideas can fail to be as profitable as their owners intended. While a business owner still believes in his or her idea, the business may fail because of debts to creditors and dwindling assets to cover them. In this situation, a business owner can choose to file for Chapter 11 bankruptcy in order to avoid going out of business.

Filing for Chapter 11 bankruptcy instead of Chapter 13 bankruptcy can in some ways be a strategic decision. For businesses that want to remain in operation after bankruptcy proceedings, filing for Chapter 11 bankruptcy may be the better route. Chapter 11 bankruptcy allows a business to reorganize its debts so that they can be paid without liquidating the business. Under Chapter 13, liquidation is inevitable. When deciding to file under Chapter 11, there are some issues small business owners should keep in mind.

When a business files for Chapter 11 bankruptcy, a committee is formed to ensure that the creditors’ rights are protected. These committees can get expensive, especially since they may be allowed to hire attorneys and other professionals to help with their work. The costs incurred by the committee are usually passed on to the business, adding to its debt. However, a committee is not necessary for a business debtor that is considered a small business.

A business qualifies as a small debtor when two conditions are met:

• The business is engaged in commercial or business activities and owes no more than $2,566,050 to creditors, excluding debts owed to family members.
• The business’s case must be one where a creditors’ committee has not been appointed, or the court has determined the creditors’ committee is insufficiently active to adequately provide oversight of the debtor.

Instead of a committee, a trustee is appointed to undertake some of the same tasks a committee would have if the business was not a small business.

If a business qualifies as a small business, it has to present a plan of reorganization, which basically outlines how the business will repay the creditors. However, there is no deadline or set time period within which the business has to complete repayment, except any periods included in the plan. The trustee and the court have to approve the plan, and therefore, a business cannot present a plan with an unrealistic or unduly long repayment period. If the business debtor fails to file a plan within a certain period of time, and fails to ask for an extension, the creditors may be allowed to file a plan for the debtor to follow.

Filing for Chapter 11 as a small business is also advantageous because the court may waive the requirement that the business present a disclosure statement. This can further reduce the expenses involved with bankruptcy.

Contact Us for Legal Assistance

If you are a small business owner who is going through financial troubles and you are considering filing for bankruptcy, you need to speak with an experienced bankruptcy attorney to discuss the best approach for your business. Our experienced attorneys can discuss the legal issues that will arise in a bankruptcy and how they will affect your business. For more information, call us at Resnick Law, P.C., in Bloomfield Hills and Detroit, Michigan.

(image courtesy of Ian Baldwin)

When a business is in financial trouble and owes a lot of money to its creditors, bankruptcy may be one option to restructure the business and get ahead of the debt. However, before the business can file for bankruptcy, creditors may initiate a lawsuit to put the business into receivership in order to get their debts paid. Receivership is different from bankruptcy in its implementation and operation.

Creditors who have filed lawsuits against the business to collect business debts can use a variety of methods to collect on the judgement. One such way is to petition a court to appoint a receiver who is empowered to take various steps, including selling off business assets, in order to pay off the business debts. The creditors can propose the person to serve as a receiver, and the business has an opportunity to argue against the appointment.

There are certain people who cannot serve as receivers, mostly people who have worked in certain capacities at the business, and those who have interests that are adverse to the business such as the creditors and their representatives. There are exceptions to the prohibition on certain people serving as receivers if a court makes a determination that the person’s appointment is in the best interest of the business and that the issue that would otherwise disqualify the person as a receiver would not be materially adverse to the business.

A company can be placed into receivership for reasons other than to pay a judgement creditor. Sometimes, a business may seek receivership in order to turn the business around from the brink of financial disaster. In this case, the receivership can help the business make management changes and sell off property for the benefit of the business. A receiver in some cases can help a business avoid bankruptcy.

However, if a business owner would rather file for bankruptcy than have a receiver appointed to control the business and manage its assets, he or she may have the option to do so depending on when this is done. In some cases, in appointing a receiver, the court may empower the receiver with the authority to file for bankruptcy on behalf of the business. If this is what the business owner wants anyway, then he or she may not fight the receiver’s action in filing for bankruptcy. If the business owner wants to avoid receivership altogether, he or she has to file for bankruptcy on behalf of the business before a receivership action is begun.

Business owners should remember that filing for bankruptcy will not give them unfettered control over their businesses. Once a business files for bankruptcy, the court appoints a bankruptcy trustee who does many of the things an owner would have done, including selling off assets in order to pay creditors.

Contact a Business Attorney

If your business is in trouble and you are at risk of being sued by creditors on debts owed, you need to contact an experienced business attorney to help you determine your best way forward. For more information on bankruptcy and receivership, contact an experienced business attorney at Resnick Law, P.C., in Bloomfield Hills and Detroit, Michigan, to schedule a consultation. Our attorneys can assist you as you make your decision to seek a receivership or fight the appointment of a receiver.

(image courtesy of Lukas Blazek)