When a company is in dire straits, often
a business bankruptcy seems enticing.
Your debt will disappear, and, if the
company
has filed under Chapter 11 bankruptcy,
the “fresh
start” offered by the reorganization
is hard to pass up.
Good Reasons Why Business Bankruptcy
Not Always Best Solution
But filing a business bankruptcy isn’t
always the best answer. For some companies,
it could be the wrong answer, while for others,
there might be better options. Here are some
reasons filing business bankruptcy isn’t
always the best choice.
1. You could lose much of the control over
your company. Many executives believe the
bankruptcy laws allow them to control their
company's activities during a Chapter 11
business bankruptcy. But this is misleading.
Bankruptcy experts say business owners must
understand that other individuals will oversee
and direct their decisions during a business
bankruptcy. Some of these people include
debtors, shareholders, and the court trustees.
2. Business bankruptcy is expensive.
Depending on the size of your debt, it
might be more
expensive to file bankruptcy than to
continue to run your business and try
to save it.
If you choose to file business bankruptcy,
you’ll have to hire good counsel,
and often other professionals who will
charge
a hefty fee for their services. The cost
of filing bankruptcy often surprises
business owners so consider these costs
before you
choose business bankruptcy as your best
alternative.
3. Business bankruptcy can take more
time than you expect. This process isn’t
a quick. You don’t file bankruptcy,
see a quick turnaround of your fortune, complete
the bankruptcy and return to business as
usual. Depending on your jurisdiction, court
may only hold hearings once a month. Sometimes,
the court may delay these hearings that are
essential to the day-to-day running of your
business. This will slow down the whole course
of the business bankruptcy. If you choose
to file a business bankruptcy, understand
that this process involves have a series
of “sit down and wait” moments
for you.
4. Your employees might flee during
the bankruptcy process. Even if the business
bankruptcy filing is a Chapter 11, or
reorganization,
many employees might mistakenly believe
the company is in such dire straits as
their
job is in danger. Even if you reassure
your employees, you are sure to lose
a few or
more as people seek more stable employment
elsewhere. During this already difficult
time, you’ll have to hire more employees,
or make do with fewer people if hiring new
employees is not possible. If you do hire
more people, consider the cost of hiring,
training and “breaking in” new
workers.
What
every business owner needs to know about
bankruptcy