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Bankruptcy Debt Woes for Small Businesses

BY Jay Fortier | 04-23-2009 | 2:46 PM
This blog is written by a member of our blogging community and expresses that member's views alone.
Filing for a bankruptcy is one of life's more challenging moments, guaranteed to be a gut-wrenching experience.

Small businesses need business planning for the future, and that
planning needs to include what to do in the event of a bankruptcy.

Filing for a bankruptcy is one of life's more challenging moments,
guaranteed to be a gut-wrenching experience. It's a tough decision to
make when someone's hopes and dreams have been incorporated into a
business. It's a very personal decision as well and goes to the heart
of how a person was striving for success and failed.

While some regard the bankruptcy process as a way to get out of
debt, there are things that people don't know – things in the fine
print they need to be well aware of before acting too precipitously.
Last year's small business bankruptcy statistics are a bit on the
dismal side, clocking in at a high rate of roughly 65% of small
businesses going under. Sure, some of it might have had something to do
with the economy, but that is just the tip of the iceberg when it comes
to reasons.

The real reason for most of the small business bankruptcies is that
the owners came face to face with a major cash crunch. Debts
outstripped their income and they had no money to pay off the bills.
While this can happen to any business, it hits a small business even
harder, as they tend to have more of their personal resources invested
in their enterprise.

By the time things have gotten too overwhelming to handle, the owner
would have the option to declare Chapter 11 or other applicable chapter
suitable for a small business bankruptcy. To do this requires the
services of a skilled bankruptcy attorney.

At this point, the attorney and client sit down and discuss what
kind of company the owner operates; e.g. if the company a sole
proprietorship or not. If it's a sole owner, s/he doesn't need to ask
for anyone else's consent to file for bankruptcy. On the other hand, if
there is a partnership agreement in place, joint consent is needed to
file. In any event, the services of a skilled bankruptcy attorney are
crucial in order to file bankruptcy under the proper chapter and in the
proper manner.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.