American Finasco > Considering Bankruptcy

Considering Bankruptcy

If you are a small business owner or president, and are considering a Chapter 11 Bankruptcy, you should carefully review the changes in the newest law, which took effect on October 17, 2005. The law (BAPCPA) named “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” has not only made it much tougher for consumers filing bankruptcy, but has also included several changes that are not friendly to small business owners.

A small business, under this bankruptcy law, is defined as any business with $2,000,000.000. in debt or less. Here are a few of the provisions that will make filing a Chapter 11 Bankruptcy much riskier for a small business:

  • There are significantly more reporting requirements and additional paperwork.
  • Your books will be examined by the Bankruptcy Trustee to ensure your company has a plan to succeed. If the trustee determines the company does not have a good chance of surviving, he/she can move the case from a Chapter 11 to a Chapter 7.
  • Sole Proprietors may now be forced to file bankruptcy protection as individuals if the bankruptcy judge determines that most of their debt is personal.
  • The time period for a company to decide whether to keep or reject it’s non-residential real property lease changes to 120 days. Previously, filers could extend the current 60-day deadline many times, sometimes drawing out the process for year

In short, bankruptcy is now a less desirable option for many businesses that are burdened by heavy debt. The various disruptions placed on them by their creditors trying to collect are even more burdensome. Fortunately, there are alternatives for the small business owner to consider. The most effective one could well be an out of court debt relief program through American Finasco’s Business Debt Settlement Program.

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Our Trading helps clients run and transform their front, middle and back-office trading operations. We provide buy-side, sell-side and market infrastructure firms with a full-service offering, including systems integration and technology consulting services, to assist in delivering high performance trading and settlement capabilities across all asset classes. This includes strategy, architecture design, operating model work, process improvement, systems building and trading p

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Our Trading helps clients run and transform their front, middle and back-office trading operations. We provide buy-side, sell-side and market infrastructure firms with a full-service offering, including systems integration and technology consulting services, to assist in delivering high performance trading and settlement capabilities across all asset classes. This includes strategy, architecture design, operating model work, process improvement, systems building and trading p

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Mitch W. Vicknair

Magnolia, Texas

Jim Kirkman

Dallas, Texas
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