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Corporate & Bankruptcy

Bankruptcy For Business Owners

Owners tend to ask about the company first and themselves second. In practice the two ledgers were never as separate as the tax return makes them look.

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01 GUIDE

Bankruptcy For Business Owners: what usually happens

Where the business reaches you

Obligations you guaranteed are the obvious route, but they are not the only one. Taxes withheld from employee paychecks and never sent on attach to whoever controlled the money. Credit cards opened in your own name to cover company purchases are personal debt regardless of what was bought. A home equity line drawn down to fund a slow quarter is secured by your house. Then there is the other direction: loans you put into the company and distributions you took out of it, both of which get examined closely when things unwind.

The questions owners rarely ask out loud

Whether a professional license is affected. Whether a spouse who signed nothing can still be drawn in. Whether it will be possible to serve as an officer of another company, or to obtain credit for a future venture. Owners whose immigration status is tied to an operating business have a further set of questions, and those are much better raised before a filing than discovered after one. None of these are unusual concerns, and bankruptcy for business owners is generally discussed with all of them on the table rather than only the debt schedule.

Deciding in what order

Sometimes the company is addressed first and the owner's position becomes clear afterward. Sometimes the personal side is the only one that needs attention, because the company has no assets worth a proceeding. Occasionally neither is the right answer and the matter is settled through negotiation. Timing around a pending sale, a tax year, or a lease renewal can change the sequence as well. We look at both sides together so that one step does not close off the other.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 INSIGHTS

Further reading

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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(424) 561-7557

Attorney Advertising. This page is general information about bankruptcy for business owners and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.