Bankruptcy for Small Businesses

The entrepreneurial spirit is one of the touchstones of American culture that has made our country so strong. The willingness of driven individuals to step out and risk their financial stability for the sake of a business they believe in has been a catalyst of our country’s growth. However, a recent study by the University of Nevada showed that one in seven bankruptcies are filed by individuals tying to cope with the failure of a small business. While corporations or partnerships cannot file for certain chapters of bankruptcy, Chapter 7 and Chapter 13 are often used by entrepreneurs who are trying to deal with personal and business debt.

Since small businesses are unincorporated, they don’t have the same restrictions as larger corporations, which means that any business and personal debts are the responsibility of the business owner. So when a small business owner gets in over their head, the business doesn’t file for bankruptcy but the individual can. For small business owners who file for Chapter 7 bankruptcy there are several protections which make it an attractive choice. If you are a sole proprietor, you operate your business by yourself so your business debts are also your personal debts and they can be dismissed in a bankruptcy case.

There are several benefit for small business owners who file for bankruptcy. First of all, there is uniform protection for future assets, which offers a fresh start to the debtor. So, if you are a business owner who files for bankruptcy, you can start a new business or a new job without worrying about having their future earnings seized to pay their pre-bankruptcy debt.

Another important benefit for small business owners filing for Chapter 7 bankruptcy are exemptions. Exemptions vary from state to state and are set values above which debtors must surrender property. States with higher exemptions are more attractive to debtors because it protects more of their property.  It is important to note that for small businesses filing for bankruptcy is that you must also list all of your assets both business and personal, which makes the exemption value of your state an important detail to know before filing. It can make the difference between keeping your home or having it liquidated.

If you are a small business owner who is seriously considering bankruptcy and you live in Utah, you need to consult with an attorney who understands Utah bankruptcy laws. Not all bankruptcy attorneys are the same. While the process appears complicated, especially for small business owners, the experienced Utah bankruptcy lawyers at Lincoln Law will be able to help you understand your options and avoid making bad decisions that you could later regret. Lincoln Law specializes in bankruptcies. Every day, they help people get out from under debts from $10,000 to $1,000,000 and higher. So far, they’ve wiped out over 100 million dollars in debt. They even created the software that is now used by other leading bankruptcy law firms throughout the country! You need Lincoln Law. No other law firm is better qualified to bring you the fastest debt relief and do it right the first time.