Business bankruptcy cases are challenging for all parties involved, including the creditors. This especially true for businesses that became a creditor without ever actually lending money. For instance, when a company enters bankruptcy, it often has active accounts payable or accounts receivable with other companies. This leads to some businesses becoming creditors in bankruptcy without ever engaging in the traditional lending business. It can also create a situation where a company both owes money and is owed money, by a company in bankruptcy. This creates a very confusing legal situation. Fortunately, a concept known as 'set-off rights' found under Section 553 of the Bankruptcy Code can help to clarify the situation.
Owning your own business was a long-time dream, and you made it come true. Nevertheless, you probably felt nervous about the amount of money at risk, particularly if you took out loans to get things started. Perhaps your spouse expressed concern that, if anything should go wrong with the business, the creditors would take the house and the personal bank accounts.
When you file a petition for Chapter 7 bankruptcy, you are disclosing personal and financial information to the bankruptcy court. In order to file for bankruptcy, the court needs to be aware of your debts, property, income and general state of your financial affairs. In turn, the bankruptcy court will appoint a bankruptcy trustee to oversee and administer your case. The trustee will essentially review your petition and verify that what you submitted was true and accurate using independent sources of verification.
Deciding to declare bankruptcy is a difficult decision and one not to be taken lightly. In some situations it can be the right or wrong thing to do. You need to remember that bankruptcy will affect your reputation, self-image, and future credit. However, it can improve your quality of life as the communications from creditors begin to dwindle down.