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Corporate & Bankruptcy

Business Bankruptcy Chapter 13

A corporation cannot use the repayment route that individuals use, but the person behind a small business often can. That distinction confuses owners more than anything else in this area.

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01 GUIDE

Business Bankruptcy Chapter 13: what usually happens

Whose debt is it, really

Chapter 13 is not available to a corporation, so the question is whose debt the obligation actually is. A sole proprietorship has no separate legal existence, so its debts are simply the owner's debts and are addressed as part of the owner's own finances. A corporation or LLC is different: the company's obligations belong to the company, and the owner is reached only through guaranties, withheld payroll taxes, or accounts opened in a personal name. Most owners we meet have some of both. Separating the two ledgers is the first step, and it is often the step that has never been done properly.

Why individual owners look at a repayment plan

A plan lets an individual catch up on arrears over time while keeping property that matters, such as a home or the vehicle the work depends on. An owner who intends to keep operating as a proprietor may be able to continue doing so while the plan runs. There are limits on who qualifies, set by the size and character of the debt, and heavy business obligations can push an owner past them. Whether that repayment route is open to a particular owner is therefore a threshold question, answered from the debt figures rather than from what the owner would prefer.

What to bring to the first meeting

Personal and business tax returns, recent bank statements for both sides, a list of what is owed with the collateral noted, and copies of anything signed in your own name. If you draw from the business irregularly rather than on a payroll, bring whatever shows the pattern. Include any notices from creditors as well, especially anything carrying a court date. The plan has to be built on income somebody can verify, so the quality of those records shapes what can realistically be proposed.

02 ATTORNEYS

Who you would be working with

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

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about business bankruptcy chapter 13 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.