For Sole Proprietors – How To Protect Your Business When Filing For Bankruptcy

November 19th, 2008 by Reed Allmand

Share on TwitterSubmit to redditShare via email

It is important to note that all the assets of a sole proprietor and the assets of their businesses will be considered ONE when a debtor files for Chapter 13 or Chapter 7 bankruptcy. In other words, all of your business assets will become a part of the bankruptcy estate when filing for personal bankruptcy when your business is not incorporated. There are some obvious dangers in this type of setup when a debtor files for bankruptcy; but the least obvious danger is that the bankruptcy trustee may require you to stop operating your business while in bankruptcy to avoid the accumulation of more debt. The best way to protect your business from the fallout of filing for Chapter 13 or Chapter 7 bankruptcy is to incorporate your business before you file for bankruptcy. Incorporating your business will at least require the bankruptcy court to treat your business as a separate entity and give you other rights and options that you don’t have access to as a sole proprietor.

Share on TwitterSubmit to redditShare via email
avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

Leave a Reply

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    5601 Bridge Street # 300 Ft Worth, TX 76112

Meet Our Clients