Just like Chapter 13 bankruptcy for individual consumers, Chapter 13 bankruptcy for small businesses has a 3 to 5 year debt repayment plans. It's an alternative to Chapter 11 for reorganizing your business debt. Under this chapter, unsecured creditors are paid a percentage of debt that you owe them. Corporations, limited liability companies, partnerships, and other non-individual debtors cannot file under Chapter 13.
Whether you're self-employed or a small business owner, there are 2 types of Chapter 13 bankruptcy cases that might be of help to you. The first is the standard individual Chapter 13 bankruptcy case suitable for self-employed individuals who work out of home, have very less business assets, have no employees, and whose trade credit is not extended to their business by their creditors. Examples of this case include day care providers, hair stylists, and other similar sole proprietors.
The second is a Chapter 13 bankruptcy debtor engaged in business case which is mostly suitable for small corporation / LLC owner or a sole proprietor for whom Chapter 11 bankruptcy is not a practical approach due to its complexity, expense, and challenges.
Count on our experience in helping small businesses move out of debt. We'll create the right plan for you and your business to go beyond debt using processes that help you achieve your goals. For a qualifying small business debtor who wants to be in business, Chapter 13 is more preferable than Chapter 11. You can avoid surrendering the ownership of your business to an external party. It also offers cost savings. The amount of secured and unsecured debt that a Chapter 13 debtor may have has a limit which changes from time to time. If your business does not have many assets, then you can file for individual Chapter 13 and list your interest in your business as an asset. This will help you deal with your personal liability for business debt.