Small Business Bankruptcy Options

For EIDL Borrowers

Chapter 7: Liquidation

Best for closed businesses. Personal EIDL liability discharged. ~4 months. Must pass means test.

Chapter 13: Individual Plan

Best for sole proprietors with regular income wanting to keep operating. 3-5 year plan. Debt limit $2.75M.

Subchapter V Chapter 11

Best for LLCs, corps, and higher debt. Limit $7.5M. Business continues. Streamlined process.

Assignment for Benefit of Creditors

State-law alternative. Assigns assets to an assignee for liquidation. Does NOT discharge personal guarantees -- you need bankruptcy for that.

Frequently Asked Questions

Which chapter is best?

Closed business: Ch.7. Sole proprietor keeping business: Ch.13. LLC/corp or higher debt: Subchapter V.

Can I file for the LLC without filing personally?

Yes, but the LLC's bankruptcy does not discharge your personal guarantee. You may need both.

What if I have multiple SBA loans?

All SBA loans are dischargeable and can be addressed in a single bankruptcy case.

Check your bankruptcy discharge eligibility with our free screening tool.

Free Discharge Screener
About This Data: Content based on federal bankruptcy law (Title 11, U.S. Code) and the Fair Debt Collection Practices Act. This is educational content, not legal advice.

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