Here's why filing for chapter 11 may be wrong for your business

April 16, 2009

Falling housing (Business Shut Down) starts dampen recovery hopes (Reuters)

How to fix your failing business and avoid an expensive chapter 11 filing

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FILE - In this Jan. 18, 2008 file photo, former vice chairman of Merrill Lynch and incoming Fannie Mae CEO Herbert M. Allison speaks to reporters in New York. A published report said Tuesday, April 14, 2009, Fannie Mae CEO Herb Allison is expected to be named by the Obama administration to head the government's $700 billion Troubled Asset Relief Program. (AP Photo/Mary Altaffer, file)Reuters - New U.S. housing starts fell in March after a surprise surge the previous month, government data showed on Thursday, dealing a blow to hopes that housing market stability was on the horizon.


Jobless claims top 6M; housing starts plummet (AP)

Robin Porter, right, interviews with Nettie Rose for a job at The Counter, Wednesday, April 15, 2009 in Los Angeles. Hundreds of job seekers lined up for the 30 positions advertised. New jobless claims fell more than expected for the second straight week, but the number of Americans continuing to receive unemployment insurance benefits rose above 6 million for the first time. (AP Photo/Nick Ut)AP - The number of people receiving jobless benefits exceeded 6 million for the first time, the government reported Thursday, and housing construction unexpectedly plunged to its second-lowest level on record fresh evidence that the recession is far from over.



ADDITIONAL INFO Although you have final command on the money, you need a strong Chief Financial Officer to watch your cash like a hawk and stay close to your firm's financial institution account. Never let the charge card company tell you that they have no control over what goes on your loan report. A small company shut down can be a catalyst for change, for learning about what not to do in a future venture, and a way to realign one's self with practical and fundamental company principles. Sometimes the representative will be able to approve the increase while you are on the phone. For strategic suppliers, you can't afford to lose the partnership. Once you have turned it around, your company are going to command maximum value. If the legal forums determine that you are bankrupt but you don't have it off that bad, you may get a chapter of receivership that only partially dissolves your debts. Many of the leading accounting firms give a large discount to new customers. That is as it should be with a caveat-beware of the legal advisers whose eyes light up and who start talking about Chapter 7 bankruptcy as soon as you take a seat in the office.

If you feel comfortable that you can hold off revealing your current circumstances, then I would make this call. I recommend that you offer them something that is 10 to 20% over what they would get if you cash out your enterprise. But they only way to fix your struggling business might be to bring in one of many company restructuring services available. As you go through this program, you will probably feel alone most of the time. Commonly, the buyer will send a team to your company. For strategic sellers, you cannot afford to lose the partnership.

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How to fix your failing business and avoid an expensive chapter 11 filing