Monthly Archives: February 2019

Unique Challenges for Small Businesses

Small businesses fail for various reasons, including many beyond the owner’s immediate control. It’s a reality of entrepreneurship: Not every new business will succeed, and sometimes even long-standing companies hit hard times. You have often financed the business from your personal savings or with family loans. It can hard to admit the business is failing.

Bankruptcy is an option when a debt-laden business is failing, but it’s not always the right one.
Even when it is the best choice, there are multiple types of bankruptcy filings, each with its own advantages and disadvantages. And importantly, sometimes the bankruptcy can wipe away enough debt to actually keep the business afloat.

First, you have to determine if your small business is set up as a separate legal entity. This means you have a limited liability company (llc), corporation, or a partnership. You would have registered the company with the State Corporation Commission of the state where it was set up as a separate legal entity.

If you just operate your business under a trade name or a “doing business as” name, your small business is not a separate legal entity. In that case, your bankruptcy options are really personal, as you are personally responsible for all the debts of the business. You cannot just file bankruptcy on the “business” debt if there is no separate legal entity. It is critical if you are self-employed or using a trade name to talk to an attorney about your options. Understanding the basics can help reduce some of the fears and misconceptions that surround the word bankruptcy. Sitting down with an attorney to review options will help you understand your choices.

If you do have a separate legal entity, then you have to consider your goals for yourself and the business. If you simply wish to shut down the business, you can often accomplish that without the cost and legal fees associated with a bankruptcy. And, many times, there are benefits to not filing bankruptcy.

In evaluating whether a bankruptcy is worthwhile for a separate legal entity, it is important to know what debts of the business entity the owner may owe personally. These would be debts that the business owner personally guaranteed, such as bank loans or leases. Most credit cards for a business are issued under the owners’ personal social security number and contain a personal guarantee. And, if the business owes certain types of taxes (employee taxes, sales taxes, and certain others) those liabilities can pierce the corporate veil and carry over to the company owners individually.

If you are personally responsible through guarantees for much of your business’ debt, then you need to understand a business bankruptcy does not eliminate your personal liability. We find that most of the time the owners need to file a personal bankruptcy and let the business simply be closed without filing a bankruptcy.

It is important to consult with a qualified bankruptcy attorney to discuss how your business is set up, the impact of a filing on the business and you personally, and make smart choices about how to proceed. Getting good legal advice can help you avoid complications and mistakes as you move forward and just might help you keep the business afloat.

We have offices conveniently located in Roanoke, Martinsville, and Blacksburg. Call and schedule your consultation with us today!

Roanoke: 540-981-9000
Blacksburg: 540-961-2000
Martinsville: 276-632-7000

Use your tax refund for a fresh start in 2019!

Are you looking at your tax refund and trying to figure out if it will help you catch up on debt?  If you are just catching up and not able to pay off debt entirely, you should consider if that refund could best be used to file bankruptcy and eliminate debt once and for all. 

Every day we see folks in Southwest Virginia struggling with debt.  This keeps families from enjoying their lives together, because they are so consumed with financial worries.  It makes parents fussy and kids stressed. If you are struggling with debt, our bankruptcy attorneys help good folks in Southwest Virginia eliminate their debt and begin living lives without financial stress.

If you are worried about your financial situation, the current tax season is a perfect time to consider your bankruptcy options.  Debtors are able to pay their bankruptcy attorney fees and filing fee with their tax refunds before their cases are filed.  Your 2018 tax refund could wipe out your debt, so you can have a happier 2019 with your family.

We offer free consultations in our Roanoke, Blacksburg and Martinsville offices where our attorneys (not a paralegal) meet with you personally to discuss your bankruptcy options for your personal situation.  A Chapter 7 bankruptcy allows debtors to wipe out their credit card debt, medical debt, repossessions, garnishments, foreclosures, and collection judgments.  If a debtor wishes to walk away from a car loan or mortgage, they can do so with a Chapter 7.  A Chapter 13 allows debtors to catch-up on their past due mortgage or car loan payments over the course of either 3 – 5 years.  Our experienced bankruptcy attorneys will let you know which chapter is available to you and best for your situation.

If you are unable to pay off all your unsecured debt with your 2018 tax refund, you should consider your bankruptcy options and learn how you can live debt free in 2019.  Use your tax refund to eliminate your debt and stress and start fresh.

We have offices conveniently located in Roanoke, Martinsville, and Blacksburg. Call and schedule your consultation with us today!

Roanoke: 540-981-9000
Blacksburg: 540-961-2000
Martinsville: 276-632-7000

Owe Tax Debt and Worried?

Have you learned you will owe taxes for 2018 and you are unprepared to pay them back? Or maybe you owe LOTS of taxes for LOTS of tax years. Maybe you have learned that you are facing a tax lien or garnishment.

If any of these situations sound familiar, please call us at Giles & Lambert, P.C. for a free bankruptcy consultation. Either Chapter 7 or Chapter 13 bankruptcy may provide you options to deal with your tax debt, even if it turns out the debt is non-dischargeable in bankruptcy (another blog post to follow on this later). Bankruptcy can stop future interest and penalties and let you pay back the IRS on your terms and based on your budget. We, at Giles & Lambert, P.C., are not tax attorneys and do not provide tax advice. We are, however, experienced in tax debt relief through bankruptcy and are prepared to discuss your bankruptcy-related tax relief options.

We have offices conveniently located in Roanoke, Martinsville, and Blacksburg. Call and schedule your consultation with us today!

Roanoke: 540-981-9000
Blacksburg: 540-961-2000
Martinsville: 276-632-7000

Living on a tight budget doesn’t mean sitting at home!

When you are on a tight budget, entertainment can be expensive.  Below are two FREE events we came across that are happening in the Roanoke/Blacksburg areas in the next week.

Roanoke Folks – Do you enjoy yoga or have an interest in giving it a try?
See below for information regarding FREE winter and summer yoga classes.
https://www.roanoke.com/calendar/extras/free-yoga-for-the-people—tues-fri-mornings/event_252f736a-0ea2-11e9-b15e-87013041f685.html

What’s better than chocolate? A free-admission event for you AND the kiddos celebrating – you guessed it – CHOCOLATE!
Information on the 2019 Blacksburg Chocolate Party is included below.  Yum!
http://www.nextthreedays.com/FeaturedEventDetails.cfm?E=499382