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Business Bankruptcy in Florida: Your Strategic Crossroads

Bankruptcy is not just a legal status; it is a powerful tool for defining the future of your enterprise. Chapter 7 typically serves as a mechanism for the complete, orderly liquidation of a business that is no longer viable, allowing you to formally wind down operations and address outstanding liabilities. In contrast, Chapter 11 is designed for restructuring, giving you the breathing room to renegotiate debts and save a profitable core business.

When Chapter 7 Is the Right Strategic End for Your Business

Sometimes, the smartest business move is a controlled, legal closure rather than a prolonged struggle. Chapter 7 business bankruptcy lawyer services are often the best choice for companies that have no realistic path to profitability or where the owner wishes to exit without personal exposure. This process provides a final resolution to creditor claims, stopping lawsuits and allowing for an orderly conclusion of corporate obligations.

What Chapter 7 Does (and Does Not Do) for a Florida Busines

Understanding the specific mechanics of liquidation is crucial for owners of LLCs and corporations. The table below clarifies exactly how business bankruptcy attorneys utilize Chapter 7 to resolve corporate debt.

Owner’s Goal How It Works in Chapter 7 Why It Matters to Your Strategy
Stop Lawsuits The automatic stay halts most litigation and collection actions upon filing. Temporarily halts litigation and collection actions, allowing the court to oversee the liquidation process.
Close Company A trustee sells assets and pays creditors. Ensures a formal, legal dissolution of the entity.
End Lease Rejects unexpired commercial leases. Caps landlord claims for future rent.
Clear Debt Liquidates business assets to pay claims. Corporations do not receive a discharge in Chapter 7; however, liquidation concludes the entity’s obligations.

While our firm focuses primarily on small business bankruptcy attorneys services for Chapter 7 liquidation, we can conduct an initial analysis of your situation. If restructuring is your best option, we will recommend a trusted colleague who specializes in Chapter 11.

2 000+
Chapter 7 Bankruptcy Fillings
20+
Active Cases Managed Each Month
$40k
Average Debt Discharged Per Client
99%
Discharge Success Rate

 

Why Choose Us

Navigating the complexities of commercial debt requires a business bankruptcy law firm that understands both the law and the realities of running a company. We provide the expertise needed to protect your personal future while resolving your business’s past.

  • Strategic Asset Protection: We analyze your business structure to shield your personal home and savings from corporate creditors.
  • Personal Guarantee Defense: We develop strategies to mitigate the impact of business loans you personally signed for.
  • Local Court Expertise: We know the specific procedures of the Southern District of Florida bankruptcy trustees.
  • Direct Attorney Access: You work directly with an experienced attorney, ensuring precise legal guidance at every step.
  • Efficient Liquidation: We manage the orderly wind-down of your company to prevent future legal claims against you.

Contact us today to schedule a consultation with a corporate bankruptcy attorney team that prioritizes your long-term financial safety.

Our Attorneys

Tony DiTocco
Tony DiTocco
Managing Member
Experience: 35+ Years
Debbie Quinn
Debbie Quinn
Bankruptcy Attorney
Experience: 15+ Years
Barry Glen Segal
Barry Glen Segal
Real Estate Attorney
Experience: 25+ Years

 

Areas We Serve

We provide comprehensive legal support to business owners across South Florida’s major economic hubs. Our firm maintains offices throughout the region to ensure accessible representation for every client.

  • Broward County: Fort Lauderdale, Plantation, Hollywood.
  • Palm Beach County: West Palm Beach, Boca Raton, Delray Beach.
  • Miami-Dade County: Aventura, Miami Gardens, North Miami.

Visit one of our convenient locations to discuss your options with small business bankruptcy lawyers who understand your local market.

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FAQ

Will I lose my personal assets in a Chapter 7 business?

Your personal assets are generally protected if your business is an LLC or Corporation, as it is a separate legal entity. However, if you signed personal guarantees or operate as a sole proprietor, your personal assets could be at risk. We perform a detailed contract review to determine your specific exposure level and implement strategies to shield your private wealth.

How does business bankruptcy affect company contracts and leases?

Bankruptcy allows you to reject unexpired leases and contracts that are no longer profitable. This effectively cancels the obligation, capping the amount the landlord or vendor can claim as damages. This is a powerful tool for exiting expensive commercial real estate agreements without facing massive, uncapped penalties that could follow you for years.

What happens to business debts personally guaranteed by the owner?

If you personally guaranteed a business loan, the business bankruptcy alone will not wipe out your liability. The creditor can still sue you personally for the balance. In these high-stakes cases, we often recommend filing a personal bankruptcy for business debt alongside the corporate case to fully discharge the obligation and protect your personal future

Is Chapter 7 the right option for small businesses with no future revenue?

Yes, Chapter 7 is often the most prudent choice for a business that has ceased operations or has no path to profitability. It provides a structured, court-supervised process to liquidate assets and pay creditors, preventing a disorderly "race to the courthouse" by vendors and lenders who might otherwise try to sue you individually for business debts

Can business bankruptcy help stop lawsuits or collection actions?

In most cases, yes. The moment a bankruptcy petition is filed, an "automatic stay" goes into effect. This federal injunction legally forces all creditors to stop lawsuits, foreclosure actions, and collection calls immediately. This gives you immediate breathing room to manage the situation properly without the constant threat of legal judgments or asset seizures.

How long does a business bankruptcy typically take?

A Chapter 7 business liquidation typically takes about 4 to 6 months to complete from filing to case closing. However, complex cases with significant assets to sell may take longer. Our goal is to move the process forward as efficiently as possible to minimize stress and legal costs, allowing you to close this chapter and move on to new opportunities.

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