Business bankruptcy and restructuring

Save it, or close it properly. Not neither.

A business in trouble has more routes than people think, and the worst of them is drifting — draining personal savings into a company that cannot be rescued, while the guarantees quietly follow you home.

The guarantees are the real question. Closing the company ends the company. It does not touch what you personally signed for, which is why the business side and your side have to be planned together rather than one after the other.

13,000+cases filed
$127M+debt eliminated
50+trials completed
Same dayemergency filings
What filing actually does

Before and after

Before filing

  • Personal savings propping up the business
  • Creditors calling you, not the company
  • Guarantees you signed and forgot
  • Vendors on credit hold
  • Judgments against the entity and you

After filing

  • A line between the business and your money
  • Collection stopped by federal law
  • Guarantees addressed deliberately
  • Suppliers dealt with under one plan
  • A decision made rather than drifted into
What filing actually does

What happens the moment we file

Hour 1

The automatic stay begins

Collection, lawsuits, garnishments and repossession must stop on filing. It applies to the business immediately, and to you where you have filed too.

Day 1

One process replaces many

Every creditor is dealt with in a single case on a single timetable, instead of separately and on theirs.

Week 1

You can plan again

Reorganising businesses keep trading while they restructure. The point of the stay is the room it creates to make decisions rather than reactions.

Three routes

Which one fits the business?

Whether a business should reorganise, close, or simply be renegotiated with turns on one question: does it still make money at the operating level? Everything else follows from the answer.

Subchapter V

Keep trading, restructure the debt

Fits when

  • The business makes money at the operating level
  • Debt service is the problem, not demand
  • Leases or contracts need renegotiating
  • Vendor and tax arrears
  • Owners want to keep the business

You keep

  • Owners keep their equity
  • The doors stay open
  • Leases and contracts renegotiated
  • Tax debt stretched across the plan
  • No creditors' committee to answer to

Benefits

  • Built for companies this size
  • Faster than ordinary Chapter 11 — a 90-day plan deadline
  • Far cheaper than traditional Chapter 11
  • Guarantees handled alongside the business
Chapter 7

Close it down cleanly

Fits when

  • The business cannot be made profitable
  • There is no realistic buyer
  • Assets are worth less than the debt
  • You want a defined end, not a slow one
  • The personal exposure is the real issue

You keep

  • An orderly wind-down under court supervision
  • A trustee dealing with creditors, not you
  • Your Texas exemptions on the personal side
  • A clean end date
  • The ability to start something else afterwards

Benefits

  • Stops the bleed of personal money into the business
  • Handles guarantees in a parallel personal case
  • Cheaper and faster than reorganising
  • Ends the exposure rather than extending it
Workout

Renegotiate without filing

Fits when

  • A small number of creditors
  • A temporary shortfall, not a structural one
  • Lenders still willing to talk
  • No suits filed yet
  • You want to avoid a public filing

You keep

  • The banking and vendor relationships
  • The business out of the public record
  • Guarantees un-called
  • Control of the timetable
  • Optionality — filing stays available

Benefits

  • Cheapest route where it is available
  • Fastest to resolve
  • No court process to manage
  • Often works better with counsel behind it
Straight answers

What owners get wrong about business bankruptcy

Closing the company ends the debt
It ends the company. Personal guarantees are separate promises that survive the entity entirely, which is why owners keep receiving demand letters years after the doors shut. Dissolving without dealing with the guarantees is the most common expensive mistake we see.
Business bankruptcy means losing the business
Chapter 11 Subchapter V exists so that it does not. The company keeps trading while it reorganises and the owners keep their equity — which ordinary Chapter 11 usually does not permit. Closing is one option among three, not the default.
My LLC means none of this touches me
The entity shields you from the business's own liabilities. It does nothing about obligations you personally guaranteed, and lenders, landlords and equipment financiers almost always require exactly that.
I should put my own money in to keep it alive
Sometimes. But owners routinely spend protected assets — retirement accounts, home equity — on a business that a reorganisation would have fixed and a closure would have ended. In Texas those were the assets creditors could never have reached.
Filing means the tax debt stays anyway
Some business tax debt is dischargeable and some is not, and trust fund taxes sit in a category of their own. It is genuinely worth knowing which of yours is which before assuming the worst about all of it.
I'll never be able to run a business again
There is no bar on starting another company after a business bankruptcy. Credit and supplier terms take time to rebuild, but people do this routinely — and doing it after a clean resolution is far easier than after years of drift.
Start to finish

How a business case runs

1
Today

Free consultation

The numbers, the debt, and what you have personally guaranteed. Whether the business makes money at the operating level decides most of the strategy.

2
Days 1–7

Both sides mapped

The company's exposure and yours, together. Planning them separately is how people end up solving one and worsening the other.

3
Weeks 1–2

Route chosen

Reorganise, close, or renegotiate — with the guarantees factored in rather than left for later.

4
When ready

Filing

Collection stops on filing. A reorganising business keeps operating throughout.

5
90–150 days

Plan or discharge

Subchapter V works to a 90-day plan deadline and confirmation after that. A Chapter 7 wind-down and a personal discharge run on their own timetable.

The part that follows you home

Personal guarantees

Nearly every meaningful business obligation — the bank loan, the equipment lease, the landlord, the SBA note — was signed by an owner personally as well as by the company. That signature is a separate promise, and it is usually the thing that actually keeps owners awake.

What a guarantee survives

  • The company dissolving or being wound up
  • The entity's assets being sold or surrendered
  • A business Chapter 7 on its own
  • The passage of time
  • Changing the company's name or starting a new one

What actually resolves it

  • A personal bankruptcy filed alongside the business case
  • Negotiated release as part of a workout
  • Settlement of the guarantee directly with the lender
  • Discharge in a Subchapter V plan where it is provided for
  • Texas exemptions protecting what sits behind you
First

Find every guarantee. Owners routinely have more than they remember, spread across leases, notes and vendor accounts.

Second

Establish which are already called and which are dormant. The two need different handling.

Third

Decide whether the personal side needs its own filing. Often the business case alone does not solve the owner's problem.

Fourth

Sequence them. Filing the business and the personal case in the wrong order can cost real money.

Questions

Business bankruptcy questions answered

Will I lose my house if my business fails?
The Texas homestead exemption protects your home regardless of value, subject to acreage limits, and it applies whether the pressure comes from business debt or personal debt. What actually puts homes at risk is owners voluntarily borrowing against them to fund a struggling business — which is why the decision to stop is usually more important than the decision to file.
What is Chapter 11 Subchapter V?
A streamlined reorganisation designed for small businesses. The company keeps trading while it restructures, the owners keep their equity, there is no creditors' committee, and the plan must be filed within 90 days. It is faster and considerably cheaper than traditional Chapter 11, which was built for far larger companies.
Am I personally liable for my company's debts?
For anything you personally guaranteed, yes — and lenders, landlords, equipment financiers and the SBA almost always require a guarantee from the owners. The entity protects you from the business's own liabilities; it does nothing about promises you signed in your own name.
Can the business keep operating during the case?
In a reorganisation, yes — that is the entire point. The company continues trading, pays its ongoing obligations as they arise, and restructures the debt it accumulated before filing. In a Chapter 7 the business is wound down instead.
Should the business file, or should I?
Frequently both, and the order matters. A business case addresses the company's debts; a personal case addresses the guarantees behind them. Filing only one often solves half the problem and leaves the more painful half untouched.
What happens to business tax debt?
It depends on the type and the age. Some business tax debt can be discharged or paid through a plan, while trust fund taxes — amounts withheld from employees — are treated far more strictly and can carry personal liability for whoever was responsible. Working out which category yours falls into is an early step.

Keep reading

Entities, guarantees, and the routes out.

Decide before the choice is made for you.

The options are widest while the business is still trading and the guarantees have not been called. Bring the numbers and we will tell you honestly which routes are still open. The consultation is free.

  • Chapter 11 Subchapter V reorganisations
  • Personal guarantee defense
  • 13,000+ cases filed
  • Same-day emergency filings available
Call (469) 607-8552 — free consultation