A chapter 13 bankruptcy is a reorganization for an individual person or married couple. A chapter 13 debtor proposes a chapter 13 bankruptcy plan that tells creditors whose debts are being restructured using the bankruptcy code, whose debts will be unaltered by the bankruptcy process, what creditors will be paid and what creditors will receive their collateral back in place of payment.
I am often asked, “What happens to my small business if I file for bankruptcy?” And the answer I always give is, “Well, it depends on a number of factors.”
These factors include the chapter under which a business owner files their personal bankrupty, whether or not the business has valuable assets, whether the business has debts, whether the business has pledged its assets to its creditors, and whether the business has enough ongoing revenues to pay its monthly expenses.
Not a week goes by that I am not asked by a debtor if they can discharge their student loans in bankruptcy. The short answer I have given my clients over the years has been a quick “NO”. However, the short answer I now give clients now is “MAYBE”.