GET HELP TODAY

Toll Free : 888-858-5404 | Local : 850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

Kathryn Hathaway is a board-certified consumer bankruptcy attorney with over 30 years of experience. Together with her professional staff, she helps people in Florida’s Panhandle find long term debt relief, develop estate plans that will benefit them and their loved ones, and more.

Photo of the legal team at Hathaway Sprague Law, P.A.
GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

Kathryn Hathaway is a board-certified consumer bankruptcy attorney with over 30 years of experience. Together with her professional staff, she helps people in Florida’s Panhandle find long term debt relief, develop estate plans that will benefit them and their loved ones, and more.

Photo of the legal team at Hathaway Sprague Law, P.A.
GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Hathaway Sprague Law, P.A.
Experienced And Effective

How does Chapter 7 bankruptcy affect my business partners or co-signers?

On Behalf of | Nov 27, 2024 | Bankruptcy |

You may think filing for Chapter 7 bankruptcy is viable when your business faces financial distress. But what about your business partners or co-signers? Understanding how bankruptcy affects them can help you effectively plan and protect their interests.

How does Chapter 7 bankruptcy impact business partners?

Chapter 7 bankruptcy lets a business sell assets to pay debts. If one partner goes bankrupt, it does not clear other partners’ debts. Key factors include:

  • Joint debt responsibility: If business partners owe money together, they still owe the total amount. Florida law does not protect them if the debt is in both names.
  • Partnership assets: Creditors can take the bankrupt partner’s share of the partnership’s assets, hurting the business’s operations and finances.
  • Operational disruption: Bankruptcy can cause problems in running the business. Partners might need to change roles or renegotiate contracts to keep things going smoothly.

Understanding these effects can help partners take steps to reduce risks.

What about co-signers?

Co-signers guarantee loans or credit lines. If you file for Chapter 7 bankruptcy, the implications for co-signers depend on the nature of the debt:

  • Co-signer liability: Co-signers remain fully liable for the debt even after your bankruptcy filing. They must continue payments to avoid default.
  • Protection measures: Co-signers can explore options such as refinancing or negotiating with creditors to manage their obligations.
  • Credit impact: A co-signer’s credit score may suffer if the debt becomes delinquent. It is crucial to communicate openly and plan together.

Being aware of these aspects helps co-signers prepare for the financial responsibilities they might face.

How can we overcome any challenges when filing for bankruptcy?

It would benefit you to consider your options and plan to minimize the impact of Chapter 7 bankruptcy on your business partners and co-signers. Consulting with a dedicated and knowledgeable attorney can help you make informed decisions and develop a strategy to protect those connected to your business. By understanding the potential consequences and taking proactive steps, you can slowly achieve a more secure financial future for all involved.

FindLaw Network