Posted on: 12 March 2021
When you are restructuring your business through bankruptcy, you will not be able to obtain a Paycheck Protection Program (PPP) loan. However, you might discover in the middle of bankruptcy that you will need a PPP loan to be able to save your business. The good news is that courts may dismiss bankruptcies to allow debtors to obtain these types of loans.
How Chapter 11 Works
Chapter 11 is referred to as a reorganization bankruptcy. When you file for Chapter 7, your goal is to discharge your debts and liquidate your assets. You may do this when you are shutting down your business for good. However, if you intend to keep your business and simply wish for more favorable conditions regarding your liabilities, you may choose to file for Chapter 11.
With Chapter 11, you will enter into a debt repayment program. Unlike with other forms of bankruptcy, you will continue to remain in possession of your assets during the reorganization and will not need to appoint a case trustee, except in rare cases.
Bankruptcy Can Be Stalled
Your bankruptcy might need to be dismissed because you may not know what your business will look like after a major event such as a pandemic. Some businesses have been forced to turn to PPP loans that are offered by the Small Business Administration.
When having the bankruptcy dismissed, the creditors might argue against this decision and claim that they will be hurt by the process. The courts are able to dismiss a bankruptcy at their own discretion "for cause." Therefore, your attorney will need to persuade the judge that they should dismiss your bankruptcy.
The Grounds for Dismissing a Lawsuit
The judge will have grounds to dismiss your bankruptcy when you will experience substantial and continued loss and when there is very little option for rehabilitation. Under these circumstances, the creditors will need to prove that the dismissal of the bankruptcy will place an unusual level of burden on the creditors.
Oftentimes, as long as you find yourself in a situation that is beyond your control, the courts are willing to assist you by dismissing a bankruptcy when the PPP loan is the only way that you will be able to continue operations. In the long-term, this may be more beneficial to all parties involved because you will be able to generate revenue that can later be used to pay off debts.
Contact a local bankruptcy attorney to learn more.Share