Here are the factors for determining whether a business lease is treated as a true lease in bankruptcy or rather as a secured purchase.
A Business Lease Recharacterized in Bankruptcy
A business leases may not be a true lease but rather recharacterized as a secured purchase, giving you significant power over the creditor.
Business Asset Leases
With business leases you have the same options in bankruptcy as with consumer leases: to “assume” or “reject” the lease.
Employee Wages and Benefits as a “Priority” Debt
If you owe an employee wages or benefits, it’s likely a priority debt. Same if you are owed wages or benefits. More likely to be paid.
Making Sense of Bankruptcy: Can Filing a Chapter 11 Reorganization Save Your Business?
Chapter 11 is a powerful way to address a business debt crisis, but because of its detriments must be used extremely selectively.
Making Sense of Bankruptcy: Should You File a Chapter 7 or Chapter 13 Bankruptcy if You Want to Continue Operating Your Business?
If you have a business that you need to continue of operate, choosing the right form of bankruptcy involves risks and opportunities.
Financial New Year Resolution #9: Protect Your Business and You from Creditors
Would your small business thrive if you could just get some relief from your creditors? Especially the tax collectors? Consider Chapter 13.
Financial New Year Resolution #8: Close Your Business And Protect Your Assets
If you’ve decided to close down your business, or would if you could avoid its debts, or had a way to pay its taxes, consider bankruptcy.
October Tax Season: How Can I Keep My Business Operating While Getting Relief on My Overdue Taxes?
Would your small business thrive if you could just get rid of, or at least get better payment terms on, your overdue taxes?
Practical Bankruptcy: Encouraging the Settlement of a Business Lawsuit
If a lawsuit against your small business is draining your time and money, Chapter 13 can encourage the favorable settlement of that lawsuit.
Practical Bankruptcy: Encouraging the Dismissal of a Business-Ending Lawsuit
If a lawsuit against your small business is driving you to close the business, filing bankruptcy will likely get rid of that lawsuit forever.
Use Chapter 7 or Chapter 13 to Resolve Your Tax Debts from a Closed or About-to-Close Business
If you had struggled to keep a business open, but have decided to throw in the towel, there’s a good chance you owe taxes. Here’s how to deal with them.
Keep Running Your Business by Using Chapter 13 to Keep the IRS under Control
If you and your sole proprietorship business have fallen behind on taxes, Chapter 13 keeps you in business while solving your tax debt problems.
Keep Running Your Business by Using Chapter 13 to Keep the IRS under Control
If you and your sole proprietorship business have fallen behind on taxes, Chapter 13 keeps you in business while solving your tax debt problems.
A Chapter 7 Can . . . Help You Walk Away from Your Business by Letting Your Trustee Sell Your Last Business Assets to Pay Your Special Debts
Give the bankruptcy trustee the headache of dealing with your final business assets
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