Tag Archives: Business Debt
SBA Loan Forgiveness and Bankruptcy | PPP Loan Discharge
Many small businesses in the Tampa Bay area have applied for and have received SBA loans, including funding that has come from the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program. In theory, if these businesses meet the requirements outlined by the U.S. Small Business Administration (SBA), they can be… Read More »
The Role of the Trustee in a Chapter 11 Subchapter 5 Small Business Bankruptcy
If your business is struggling to remain afloat, particularly as a result of the COVID-19 pandemic, you may be thinking about your options for a small business bankruptcy. Many restaurants and bars in Tampa Bay have been under immense financial strain, as have other types of retail establishments in the area. If you need… Read More »
In Bankruptcy Because of Seller Fraud in a Purchased Business
All too often we meet clients who moved down to Florida with hopes of being in business for themselves. The story is the same each time. Meet “Bob” from Michigan. Bob worked in the corporate world for 35 years, accumulating a nice 401(k) Upon retirement he and his wife move to Wesley Chapel and… Read More »
Subchapter V of Chapter 11 for Small Business Debtors
Small business debtors in the Tampa Bay area that are planning to file for Chapter 11 bankruptcy should know that they can now elect to file for bankruptcy under Subchapter V of the U.S. Bankruptcy Code. This change occurred through the passage of H.R. 3311, also known as the Small Business Reorganization Act of… Read More »
Chapter 11 Post-Petition Payments to Food Vendors
When a restaurant or bar in the Tampa Bay area files for Chapter 11 bankruptcy, many of its suppliers may worry about whether they will receive payment for goods or services they have already supplied. Most vendors will assume that they will ultimately be repaid as long as they take the necessary steps in… Read More »
Business Lender and Personal Guarantees
When a Business fails, what can happen to the owner? Here are some common questions and answers about personal guarantees on business debt. Question: What are the basics every business owner needs to know about personal guarantees? Answer: Normally when a business owner signs a loan on behalf of its business, the creditor can… Read More »
Fraudulent Transfers and Chapter 7 Bankruptcy
If you are thinking about filing for Chapter 7 bankruptcy in the Tampa area, it is important to understand limitations on property transfers and what might be considered fraud. Under 11 U.S. Code § 548, debtors have certain obligations with regard to property transfers before they seek bankruptcy protection. Generally speaking, debtors cannot transfer… Read More »
Bankruptcy Liquidation for Tampa Restaurant and Bar Owners
If you currently own a restaurant or bar in the Tampa Bay area and are struggling to keep your business solvent, you may be thinking about filing for bankruptcy. It is important for small business owners to understand the different forms of bankruptcy protection for which they may be eligible, and to understand the… Read More »
Chapter 11 Bankruptcies Decline in South Florida
How common is Chapter 11 bankruptcy in South Florida? According to a recent article in Miami Today, business bankruptcy filings, including Chapter 11, are on the decline. In order to understand the factors involved in this drop in filings—and whether it’s likely here to stay—it’s important to understand the basic kinds of bankruptcy and… Read More »
