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Errors to avoid when filing for Chapter 7 business bankruptcy

On Behalf of | May 31, 2024 | Business Bankruptcy, Chapter 7 |

Struggling with debt can be overwhelming, especially for owners of small and mid-sized businesses. When facing financial hardship, Chapter 7 bankruptcy may seem like a viable option. However, the process can be complex due to various pitfalls. If you are a business owner considering filing for Chapter 7 bankruptcy, how can you avoid missteps when navigating the path to financial recovery?

The need for transparency and accuracy

According to the U.S. Bankruptcy Code, a business owner must be transparent about all their assets when filing for Chapter 7 bankruptcy. Hiding assets can lead to severe consequences, such as the dismissal of their case or facing criminal sanctions. Other mistakes that they should avoid include the following:

  • Misusing credit cards before filing: Incurring significant credit card debt or taking cash advances shortly before filing for bankruptcy might be considered fraudulent. Moreover, this could lead to the dismissal of their case.
  • Valuing assets improperly: Overvaluing or undervaluing assets can result in disputes with the bankruptcy trustee, which could delay or derail their case. Therefore, they must accurately value their assets.
  • Failing to provide complete documentation: Incomplete or inaccurate documentation can lead to delays or the dismissal of their case. Accordingly, they must submit all necessary documents to the bankruptcy court. Such documents include financial statements, tax returns and proof of income.
  • Waiting too long to file: Delaying the bankruptcy filing can worsen their financial situation. By acting promptly to protect their assets, they might be able to minimize losses.

In addition, another error is ignoring the impact of Chapter 7 bankruptcy on their personal credit. Since it will affect their personal credit score, they must take steps to rebuild their credit after the bankruptcy process.

Working toward a more stable future

Going through a business bankruptcy can cause you a lot of worry and stress. With legal guidance, you may undertake careful planning and gain a thorough understanding of potential pitfalls. Additionally, you may make informed decisions and work toward achieving a more stable financial future.