RSS Feed for Small Business And Self-EmploymentCategory: Small Business And Self-Employment

Five Year Plan a Must For Small Business in 9th Circuit »

The 9th Circuit Bankruptcy Appellate Panel recently held that a Chapter 13 debtor engaged in business can not deduct necessary business expenses from gross receipts in determining current monthly income.  In re Wiegand, decided April 3, 2008, all but guarantees that small business chapter 13 debtors will be required to spend five years in a [...]

Popularity: 18% [?]

A Bankruptcy Attorney’s Story: Catching Those Who Are Falling »

For many years bankruptcy was seen as something that was used by either businessmen like Donald Trump or by people who didn’t have much income. This is no longer true as people in lower, middle, and the upper class are turning to bankruptcy lawyers for help.
My friend, colleague, and sometimes adversary, Rick Mitchell [...]

Popularity: 26% [?]

Can I Protect My LLC From Tax Debts If I File a Chapter 13? »

You can try.  You will be held personally liable for some of your LLC’s tax debts.  Examples include sales tax, and the trust fund portion of employee withholding taxes.  If you file a personal Chapter 13 (an LLC cannot file a Chapter 13), you can put your personal liability for the LLC’s taxes into your [...]

Popularity: 20% [?]

Bankruptcy and the price of procrastination »

Waiting to file bankruptcy cost one of my clients over $30,000 in payments to his Chapter 13 plan.  Despite having discussed bankruptcy with me for several years, he put his head in the sand and waited until there was a wage garnishment crisis.  When the dust settled, the price of his Chapter 13 plan was [...]

Popularity: 22% [?]

Winding up a failed business »

The literature on starting a business is endless; advice on going out of business scant. Here are some thoughts on what to do when you’ve made the painful decision to shut down: my checklist of tasks when ownership has decided to close a business without a bankruptcy.
If you liked that post, then try these…Four Reasons [...]

Popularity: 17% [?]

What is the Impact of My Personal Bankruptcy on My Small Business? »

How does a personal bankruptcy filing impact your small business?  The answer?  It depends….
If you liked that post, then try these…How long do I save my Bankruptcy papers? by Eugene S. Melchionne, Connecticut Bankruptcy AttorneyCan A Cosigner Hurt My Chances Of Filing For Bankruptcy? by Jay Fleischman, New York Bankruptcy AttorneyViolation of the Bankruptcy Discharge [...]

Popularity: 20% [?]

Business Bankruptcy, Part 1 »

Your business is in trouble.
Customers/clients have dried up, and you can’t pay your bills (just ask some of my mortgage broker or Realtor clients). Or your rent payment and expenses went up, and you don’t have the cash flow to support their payment. Or your business partner took all the money in the bank account [...]

Popularity: 47% [?]

Can A Small Business File Bankruptcy? »

Yes, several types of bankruptcy are available to a small business.  Big businesses make big news filing bankruptcy.  We have all heard about the airline bankruptcies and the newspapers are full of stories about home lenders filing bankruptcy.  These bankruptcy cases are multi-million dollar affairs; usually filed under Chapter 11 as major corporate reorganizations.  Small [...]

Popularity: 23% [?]

What Bankruptcy Can And Can’t Do For Your Business »

In a recent article by BLN contributor, Craig Andresen entitiled:  “Sole Proprietor “Business” Chapter 13 Cases: Yes, You Can Do It!” discusses the option of a Chapter 13 bankruptcy for the sole proprietor.
He also points out that a business such as a Limited Liability Company or a Corporation may file for bankruptcy and obtain a [...]

Popularity: 19% [?]

Sole Proprietor “Business” Chapter 13 Cases: Yes, You Can Do It! »

If you have a small business which is a sole proprietorship, you can file a chapter 13 case, usually with no more difficulty than a non-business case. All you need is an experienced bankruptcy lawyer, preferably one who has done business chapter 13 cases before.
It isn’t true that sole proprietors must do a chapter [...]

Popularity: 17% [?]