Chapter 7 business bankruptcy is available for:
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Corporations
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LLCs
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Partnerships
Sole proprietorships can only be filed as a personal bankruptcy, because
that type of business is not an entity that is legally distinct from the
owner-debtor.
What is Chapter 7?
In general, the purpose of a Chapter 7 business bankruptcy is to
liquidate the business.
Do the Owners Get To Keep Any Assets of the Business?
No, the assets are entirely liquidated by the bankruptcy trustee.
There are no exemptions available for businesses, unlike that for personal
Chapter 7 bankruptcies.
Chapter 7 Means Test
Unlike personal bankruptcies, there is no Chapter 7 Means Test for
businesses. A business can file for Chapter 7 at any time.
How Does Chapter 7 Work?
A trustee is appointed who collects all the unsecured property, sells the
assets and distributes proceeds from this sale to appropriate creditors.
Businesses do not get a discharge on the debts; creditors simply get a
partial distribution of the assets, and that is all.
Reaffirmation Agreements
Unlike personal bankruptcies, there are no reaffirmation agreements in a
business Chapter 7.
How Much Does Business Chapter 7 Cost?
For uncomplicated cases, our attorney’s fees are only $2500 for an
uncomplicated business Chapter 7 bankruptcy. This includes the mandatory
$299 government filing fee. Credit counseling is not required for
business debtors.
If you are not sure whether bankruptcy is right for you, we will
perform an approximately one-hour consultation with you for $150.
Other firms do free consultations lasting less than 5 minutes; in contrast,
we spend the time with you to answer all of your questions, and help you
decide whether bankruptcy is even right for you, and, if not, then what you
can do to avoid it. This consultation can be
extremely informative and useful in reducing your stress level. You
will know what your legal options are, and leave the meeting with a plan
tailored for your specific situation.
In alignment with legal industry standards, payment for a Chapter 7
bankruptcy must be paid in full prior to filing.