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Business Bankruptcy Laws

What is business bankruptcy?

Business bankruptcy is a process where a business can get rid of or repay some or all of their debt under the protection of a federal bankruptcy court. In many cases bankruptcies can be divided into two different types, one being liquidation and the other being reorganization.

What is chapter 7 business bankruptcy?

When a business is starting to fail or is so far into debt that they cannot continue to run the business, the owners of that business normally file for a Chapter 7 bankruptcy claim. The chapter 7 bankruptcy is also known as liquidation. The bankruptcy court assigns a representative that sells the company’s assets for money and then delivers the proceeds to the creditors. Even though the court assigns a representative the court also creates a bankruptcy estate. These bankruptcy estates give the court and the representative the power to over look and handle all the company’s financial matters. In many cases the bankruptcy court may approve the representative to run the business for a certain amount of time, this operation normally benefits the creditors and improves the liquidation of the estate. Normally a Chapter 7 representative will be responsible for selling all the assets and dividing the proceeds to the creditors after administrative and the legal expenses have been paid.

If someone’s key supplier is going to file for bankruptcy do they still need to pay for products that are shipped to the S Corporation before they go to court?

The S Corporation would still be responsible for any debt. The bankruptcy will only affect the corporation if the supplier would owe the corporation money. Any and all money that the corporation owes to the supplier will go to the bankruptcy representative if the bankruptcy as been filed and will be in possession of the bankruptcy estate, that is if the corporation pays before the bankruptcy is filed. Now, if the corporation doesn’t pay it would be like any other debt that is accumulated where the corporation could be in subject to collection from either the supplier or the bankruptcy representative.

If a company closes down with no income coming in, is there anything that will protect the company while it tries to pay the former employees, and if the company does go bankrupt does the company still have to pay the former employees?

Any claims of the former employees are considered priority claims and can be paid through the bankruptcy if there is any money after liquidating the property, etc. Now if the company is not in bankruptcy the employees can file a wage claim against that employer for the money that is still owed to the employee, the state department of labor will work with the employer and the employees to make sure that everyone is paid, that is if there is enough money to pay them.

What happens when a company has filed bankruptcy and the company does not have the money to pay the employees?

If the employer has no money, then the company cannot pay the employees. Therefore the employees will need to file a wage claim or wait for the company to file bankruptcy and then begin liquidating the assets in order to get enough money to pay all the former employees. Also, the employees can file to put the company into an involuntary bankruptcy, this would be very expensive and often times not worth it if the company is closing and doing this on their own.

When a business files bankruptcy there many options that the business is entitled to, and also there are some requirements a business must meet when starting a business after bankruptcy. All this information can be received by an online Legal Expert.

Ask a Business Lawyer

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Business Lawyers are online & ready to help you now

Law Pro
Attorney
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20 years experience in business law - sole proprietor, partnership, and corporations
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Run my own successful business/contract law practice.
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Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

Recent Bankruptcy Questions

  • For Law Educator. This refers to Dr.CH who was to buy my

    For Law Educator. This refers to Dr.CH who was to buy my medical practice. This doctor unfortunately made an offer to buy my practice however she was in Chapter 13 Bankruptcy which she did not inform me, my lawyer prior nor POA. She abruptly left my office
    July,2014 after I called in another Dr.PF who subsequently bought my office one month later August 2014. Dr.CH remove $84,000 of insurance receivables during the 3 months she work in my office April, May, June 2014. This money has not been paid to my office.
    She also took HIPAA protected information w/o patient or my written permission. This now has gone to both civil and criminal lawyers. In the interium Dr.CH bankruptcy was dismissed Sept 2014. Lawyer, ME, while she was in bankruptcy told me not to file a criminal
    report to Small Claim Court because Dr.CH was protected by Federal Bankruptcy Law. These issues that occured which now I want to bring to Small Claims Court are: 1.While I was on medical leave and in a coma Dr.CH told my POA, I owed her $2,125. My POA with
    a estate atty's agreement paid her a check for $2,125. Dr.CH cashed the check the next day. Dr.CH has never given an accounting of this money due either to my lawyer ME or to myself or to the POA. 2.Dr.CH forged check to employee, RB for $112. RB admitted
    under oath that I did not write this check but she cashed it anyway. 3.Dr. CH, called in a contractor to remodel office as she buying it. I returned to office to see in my private office all book shelfs all personal business financial papers were put in boxes
    in extreme disray. Dr.CH never gave me a name, license # ***** address of this contractor. This contractor never returned back to office. I paid $4800 to fix the wall that she had torn down. Do I bring this to the Small Claims Court myself and sue Dr.CH myself?
    The $84,000 receivables and HIPAA violation has gone to both Civil and Criminal Atty?
  • I have a question about Utah's equitable tolling theory of

    I have a question about Utah's equitable tolling theory of bad debt. Let's start with Idaho. This case law in Idaho shows Idaho doesn't have equitable tolling: Case No. 1:13-cv-00255-REB In Utah, bad debt collections can be tolled for bankruptcy filings,
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    My business has closed down. Today i get a judgment delivers which says i have 30 days to call and discuss the payment of an execution of judgement or to put out specific property, real or personal which this office is to levey upon.
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