Are there any special provisions for filing for bankruptcy as a business?
In Hawaii, businesses can file for bankruptcy just like individuals, but there are some special provisions to consider. First, it is important for business owners to understand the differences between filing under Chapter 7 and Chapter 11 bankruptcy. Chapter 7 bankruptcy is a liquidation, meaning the court will sell off the assets of the business to pay off creditors. It is commonly used by businesses that are no longer profitable and wish to close their doors for good. Chapter 11 bankruptcy, on the other hand, is a reorganization. It is available to businesses that hope to restructure and become profitable again. Another thing to consider is the Automatic Stay. Once the business files for bankruptcy, the court will issue an Automatic Stay, which is a prohibition on the creditor’s ability to collect debts or pursue other legal action. This gives the business some time and space to work out its finances and get back on track. Finally, business owners should be aware of the special provisions of the Bankruptcy Code that allow for the repayment of debts over a period of time. This may be beneficial for businesses that want to keep their doors open and re-establish their credit. All in all, filing for bankruptcy can be a confusing process, so it is important for business owners to speak with their attorney to understand their rights and options when facing financial hardship.
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