Categories: BankruptcyBusiness

How Long Does it Take to File for Bankruptcy as a Small Business?

For a small business owner, a bankruptcy can be a heartbreaking end of years of work and effort, or a chance to reorganize and get back on a firm financial footing. Either way, it’s a way to discharge your debts and protect your personal assets as well as those of the business. It can be a hard decision, but it one worthy of consideration when you can’t find another way to get on top of your debts.

Q: What bankruptcy options are open to a small business owner?

A: A small business owner can file Chapter 7, Chapter 11, or Chapter 13, and a family owned farm or fishing concern may file as Chapter 12.

Q: How do I know which to file under?

A: Well aside from the obvious restrictions on filing as a Chapter 12, there are some differences between Chapter 7, 11, and 13.

Q: How long does it take to file for bankruptcy?

A: Timelines can vary. It doesn’t take long at all to prepare the actual filing, but you should be prepared to take four to six months for a Chapter 7 to be filed and discharged, subject to how busy the court is, and how well prepared the filing was. You might be asked to provide more information to the trustee, or have a creditor file a dispute and these things will add time to your case. Chapter 11 and 13 can take from three to five years from filing to discharge after reorganization.

Q: Are there any debts that I’ll still have to pay after bankruptcy?

A: Bankruptcy does not discharge income tax debts or tax liens, court ordered alimony or child support, and most instances of student loans. You will also still be on the hook for debts resulting from personal injury or property damage, and those resulting from driving under the influence. You are also liable for any debts incurred after the filing and for those debts fraudulently incurred when you knew or planned to file for bankruptcy.

Filing for bankruptcy is a complex legal procedure, and using an experienced bankruptcy attorney is your best bet for a speedy and successful resolution. There are new rules and new forms that so-called bankruptcy preparers are not familiar with, and neither they nor court personnel are allowed to help you or offer advice – for the very good reason that they are not lawyers. We are, and we can help, so come and see us at Van Horn Law Group.

Share
Published by
Chad Van Horn

Recent Posts

Here’s How to Actually KEEP Your Financial Resolutions This Year

There are many reasons why there is a high rate of financial resolutions this year.…

4 months ago

Van Horn Law Group: Your Solution for Affordable Bankruptcy Solution

When faced with overwhelming financial circumstances, Van Horn Law Group is your trusted partner in…

10 months ago

Is corporate dissolution in your future? 10 common questions (and their answers!)

If you’re feeling overwhelmed, know that you’re not alone. Dissolving a corporation can be daunting,…

10 months ago

Filing for Bankruptcy in Florida Before Divorce: Protecting Joint Property from Individual Creditors

Florida couples can leverage the tenancy by the entireties exemption by filing for bankruptcy before…

10 months ago

Navigate Bankruptcy: When Chapter 7 Filers Need to Consider Chapter 13

There are situations when it makes sense for Chapter 7 filers to consider Chapter 13…

11 months ago

Evaluating the Path Ahead: Chapter 11 Reorganization or Corporate Dissolution for Your Small Business?

Fear not, there is a glimmer of hope amidst the chaos: Chapter 11 reorganization and…

11 months ago