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Article #153: Business Bankruptcy: How A Lawyer Can Ruin Your Troubled Business

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There is a padlock on the delivery gate. turn to business bankruptcy when they get
Most of the manufactured pre-cast into trouble. Often they discover, only
products formerly stored on pallets in too late, that going to an attorney to
the back lot are gone. The building has file business bankruptcy only makes their
a huge "For Lease" sign attached to the situation worse. Janelle made the fatal
front. Janelle, the former owner, drives mistake of using a cheap attorney. When
by in a Rent-a-Lemon car. She had the lawyer looked at her, he did not see
registered both her automobile and a businesswoman in need of sound advice,
delivery truck in the name of her but an expense paid trip to the Orient.
business; and, like everything else she To make matters worse, this attorney
had worked for years to build up, they didn't even specialize in bankruptcy
are gone. proceedings. Therefore, he couldn't
How did it all happen? She had run this prepare her for what could happen to her
business successfully for over twenty and her business. The incompetence of
years. When events turned sour, her bankruptcy lawyer left her with no
everything happened at once. First, a legal alternative when the bankruptcy
powerful and wealthy client sued her for trustee decided it was time to liquidate
nearly a half-million dollars. Then, her business.
other clients, sensing the distress, An honest bankruptcy attorney would have
started using one of her competitors. explained the process and given Janelle
Her financial problems soon followed. other options. Why? Business bankruptcy
Eventually she couldn't make payroll, so is not usually the best choice for small
she decided to file business bankruptcy. businesses. Most do not survive and
Unfortunately Janelle didn't do her eventually must liquidate their assets.
homework. Instead of seeking out an The process is expensive costing anywhere
experienced bankruptcy attorney, she used from $50,000 on up. Your company must
a small law firm that she knew about have at least that much in the bank to
through a friend of a friend. Her emerge successfully.
selection of representation was As with any other large investment,
bargain-basement. She never went to the Janelle should have shopped around for an
website of the state bar association. attorney. If she decided that bankruptcy
Only later would she discover that her was right for her business, she should
attorney had his license suspended not have interviewed several lawyers. A
once, but twice in recent years. bankruptcy can take up to five years to
Doing a Reality Check complete. This means you should plan to
In this case, Janelle suffered from a have a long-term relationship with your
sense of invincibility. Clients had bankruptcy attorney. Make sure you trust
threatened lawsuits before and she had this person and have good communication
successfully handled them through with him or her.
mediation. This time, however, it was Janelle's is a classic case of doing too
different. At the first sign of trouble, little, too late. Her story didn't have
she should have done a serious reality to end this way. When your business gets
check. When everything first started, into trouble, make sure you explore all
she just had a troubled business. After your options. Find out what it takes to
she let it linger, it turned into a turnaround your business or simply shut
liquidation business bankruptcy with the the doors before deciding that business
loss of the personal property securing bankruptcy is right for you. While
her business loans. filing Chapter 11 can save some
Business Bankruptcy: Know What You Are businesses, going into the process
Getting Into unprepared and with the wrong lawyer can
Small business owners across the country destroy it.






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