Posts Tagged ‘business bankruptcy’

Finding a bankruptcy attorney

Saturday, August 2nd, 2008

So how do you find a bankruptcy lawyer? We started by looking online and in the local phone book for lawyers who specialized in bankruptcy in our area. Bankruptcy courts are seperated by state and district, so you need an attorney who can handle a case in your area.

We found two bankruptcy lawyers to talk to and my business lawyer recommended someone as well. So, now we have three people to talk with to get an idea who we are comfortable with, and get their advice on the situation. Most will offer a free consultation, or charge a minimal fee for this. Our first appointment is Monday.

Stigma of bankruptcy

Friday, August 1st, 2008

It appears there is a huge stigma when you talk about bankruptcy. I can’t believe I’m considering it. Most people think bankruptcy is an out for irresponsible people who leave beyond their means, or others who just don’t know how to handle money.

Well… It’s not. From my research the last few days, the #1 cause of bankrutcy is due to medical bills, #2 is business failure. So I guess I fall into Number 2. To this date (Other than my business rent) I have NEVER had a late payment in 24 years! But here I am considering bankrutcy due to overwhelming debt. I’m sure there are many others in this position as well. And we will see even more in the future if the economy doesn’t pick back up.

I need to determine whether I need to file personal bankruptcy, or business bankrutcy, or both.

How we got to bankruptcy

Thursday, July 31st, 2008

So how did we get to the point of having to decide if bankruptcy was the right thing to do? First you’ll need a little history. I call it the perfect storm of financial problems.

 I started a retail business in Feb. 2005 and all was going well. In January 2006, I had an opportunity to expand the store, doubling the size. (also doubling the rent… but got several months free rent, spaced out over the first year). In January 2007 I bought out one of my competitors, leaving me, and one other similar business in the area. But at the same time, rent went up considerably, too. Sales increased a considerable amount, store sales were going good… but because of this I was not able to focus on internet sales which are a lot less expensive to manage. So I wasn’t generating all the income I had wanted.

I had used a number of personal credit cards during this time, and was beginning to get business credit cards. I has transfering debt from the personal cards, to the business cards. But in a retail business you need inventory, so every time I would pay off or transfer away from a personal card, I ended up charging on the personal cards again… as I was having to use cash flow from the business to pay the high rent.

Near the end of 2007, I new I needed to consolidate my debt. Everyone said… no problem you should be able to get financing. I created a plan to get out of 1/2 of my building space, lowering rent, consolidate the debt and be able to move forward.

I spoke to the landlord, and made a verbal agreement, I would give back the space, they would rent it out and no more big rent to me. I gave back the space early May 2008, and was already behind on the rent. All other bills were up-to-date. But unfortunately they couldn’t rent it out… so big bills still to me. (Although I couldn’t pay it… so I started falling even farther behind)

Went to get financing in Mar/april 2008, and was turned down. Uh-oh. In June I hired a business consultant to create a business rescue plan, finance plan, etc. This was worthless, too.

My saving grace is that my busy months are coming up July – September and I should be able to get mostly caught up. Hopefully obtain financing and keep rolling along.

Well… It’s the end of July. My sales are down by 50% from last year, and 60% below my budget. This is a bad sign, so we are talking to lawyers about bankruptcy, or debt reduction.