Can a private company file for bankruptcy?

Privately owned businesses can file for bankruptcy under either Chapter 7, 11 or 13 of the U.S. Bankruptcy Code. Each chapter involves distinct procedures and ends with a different result.

Can a small business owner file for bankruptcy?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Bankruptcy can offer struggling small business owners options to stay afloat or to close a business expeditiously. But not every business entity can file, or benefit from, each bankruptcy type.

Can a limited partner file for personal bankruptcy?

Generally, the LLC’s owners are not personally responsible for business debts — unless, as with limited partners, the owners have personally guaranteed any of those debts. In that event, the owners may have to file personal bankruptcy to avoid their liability.

Can a sole proprietor file for Chapter 7 bankruptcy?

A sole proprietor typically uses Chapter 7 after a business closure (but not always—more below). The benefit to the filer can be substantial because Chapter 7 will discharge (erase) both qualifying business and personal debts, thereby genuinely giving the debtor a fresh start.

What happens when a LLC files for bankruptcy?

An LLC that files for Chapter 7 bankruptcy will result in the business’ assets being liquidated to resolve its debts. Generally, the LLC’s owners are not personally responsible for business debts — unless, as with limited partners, the owners have personally guaranteed any of those debts.

What happens if your small business files for bankruptcy?

While most small business owners will file Chapter 7 bankruptcy, sole proprietors have another option: Chapter 13. With this option, you may be able to list both personal and professional debts in your bankruptcy filing. For example, if you operate your business out of your home, you may be able to include missed rent payments.

What kind of bankruptcy can a sole proprietor file?

A sole proprietor can file a Chapter 11 bankruptcy, as well. Chapter 11 bankruptcy is similar to Chapter 13 bankruptcy in that the business keeps its assets and pays creditors through a repayment plan.

Can a business file for Chapter 7 bankruptcy?

Better yet, if most of your debt is related to the business (as opposed to consumer debt for personal needs), you might be able to qualify even if your income exceeds Chapter 7 limitations. Having more business debt than consumer debt allows you to avoid both Chapter 7 income requirements and the means test.

Can a bankruptcy trustee sell a part of a company?

The bankruptcy trustee can sell only the filer’s interest in the company, not the entire business, unless the filer is the sole shareholder or member, of course. As an aside, few buyers are willing to purchase a partial interest in a small business.