Business Bankruptcy - is the Best Option Chapter 11 or Chapter 13?
The United States bankruptcy statutes and court filings are designed to aid persons who want to pay their accumulated business debt, but are not able to do so. Before you file a bankruptcy petition is it important that you enlist the advice of a business debt management consultant to determine whether a different form of business debt program may not be a better choice. A businesses debt consolidation or a debt settlement may provide the relief that the business needs without formally petitioning for bankruptcy.
At any rate, meeting with a business debt management consultant is a requirement of filing for chapter 11 business debt protection. If, in the course of this counselling, a business management plan is developed, a copy of it must be filed alongside the chapter 11 bankruptcy protection.
It is important to understand the difference in the protection the bankruptcy court provides. Chapter 13 is aimed to protect individuals who have an ensured wage from their creditors' attempts to collect their debts for three years. It is designed to give debtors the designated 3 year time period to make scheduled repayment to the creditors without being bothered by creditor attempts at collection and without penalty or further accrued interest. Chapter 13 has a debt limit of $175,000 of debt and it may be extended to individuals who operate a business.
However the primary bankruptcy tool that has been designed to afford relief to those with significant business debt is the chapter 11 business bankruptcy plan. In order to file a chapter 11 business bankruptcy petition the individual must provide proof that a debt management professional has been consulted. If a debt management plan has resulted from that meeting, it will be filed with the petition. There is a $1000 basic filing fee for a chapter 11 business bankruptcy, plus additional small fees that must be paid at the time of filing. When the plan outlined in the chapter 11 business bankruptcy is approved by the court, the assets of the business will be placed in receivership or under the guidance of a court appointed conservator who will supervise the manner in which the business assets will be utilized to repay the debts of the business. A debt repayment plan will be formulated by the conservator and will have to be strictly adhered to. A business bankruptcy that is given chapter 11 protection is not an erasure of the business' debts; it is a strict schedule that is worked out whereby the business operator repays the debts of the business within his or her capacity.
The decision to try to seek protection from business debts by filing a business bankruptcy is best made with the advice of a business debt management consultant. A business bankruptcy may not offer the business debt protection that the business really requires. It may be that other options available to resolve business debt are better choices to alleviate those pressures from creditors without placing the business in an inoperable position. Speak with a qualified and experienced business debt management consultant about the other options available to address business debt. It may be that a business debt consolidation or a business debt resolution may be a better overall choice.
Additionally, there are many types of small business loan plans that are available to that may be enough to take a business over the rough patches and continue to stay in operation, thus providing the owner with an income and the community with a useful service.
A chapter 11 or 13 business bankruptcy should be a measure of last resolve that is used only after all other options have been explored and eliminated.
Debbie White is a contributing writer to http://www.curadebt.com/ and is currently writing some special articles to guide businesses on how to manage debt and avoid bankruptcy. For Business Debt Information and Debt Help Consultation, call toll-free 1-877-850-3328.
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