Which Business Debts Are Discharged in Chapter 7 Bankruptcy?

Many debts that might drive a business owner to file for bankruptcy can be erased by filing your own individual Chapter 7 case, but not by filing on behalf of the business. Why? Because unless the business is a sole proprietorship, a business can't discharge debts in Chapter 7. The business will remain responsible for the obligation.

Business Debts You Can Discharge in Chapter 7

The following are types of debt you can discharge in Chapter 7 bankruptcy:

• credit card bills
• some lawsuit judgments
• medical bills
• unsecured debts owed by a sole proprietor (such as debts to suppliers, consultants, and professionals like accountants or architects)
• obligations under leases and contracts entered into by a sole proprietor (including commercial and residential property leases and leases to rent equipment), and
• personal loans and promissory notes.

You might notice that none of the above debts are secured debts—debts for which you have pledged property as collateral. Secured debts get handled differently.

The lender can take back the collateral securing the loan if you don't make your payments, even if you file for bankruptcy. If you owe more on a secured debt than the collateral is worth, the difference (called a deficiency) becomes a debt you can discharge in bankruptcy. You can learn more about how this works by reading Secured Debts in Chapter 7 Bankruptcy: An Overview.

Some Debts Survive Chapter 7 Bankruptcy

Some types of debt aren't dischargeable in Chapter 7 personal bankruptcy. Unless the trustee sells your property and uses the proceeds to pay toward your nondischargeable debt, you'll still owe it when your case is over, just as if you hadn't filed.

Some common types of nondischargeable debt include:

• back child support, alimony, and other domestic support obligations
• court-imposed fines, penalties, and restitution
• certain tax debts—including recent back taxes, any back taxes for which you didn't file a tax return, trust fund taxes (the employee's portion of Social Security and Medicare taxes), and debts you took on to pay nondischargeable taxes (for example, if you took a cash advance on your credit card to pay your most recent tax bill)
• presumptive fraud—debt for a luxury item purchased during the 90 days before you file or a cash advance within 70 days before you file (over a certain amount)
• loans owed to a pension plan, such as money you borrowed from your 401(k)
• student loans unless repaying them would constitute an extreme hardship
• debt arising from fraudulent activity (for example, lying on a loan application), if the creditor proves the fraud to the bankruptcy court, and
• debt resulting from a death or injury incurred while driving under the influence.

Learn more about using Chapter 7 bankruptcy for business debts in Chapter 7 for Small Business Owners: An Overview.

Winding Down Your Company Using Chapter 7 Bankruptcy

You can use Chapter 7 bankruptcy to wind down a business transparently, but better options usually exist. Not only does Chapter 7 bankruptcy hold special problems for partnerships, but filing Chapter 7 for a corporation or LLC might not be a good idea, either.

Instead, consider retaining a bankruptcy attorney or business lawyer. A lawyer is in the best position to advise you about your options when dissolving the business.

Next Steps

If you think a personal Chapter 7 bankruptcy might be the right option for you, you might want to pick up a copy of How to File for Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer, J.D.