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daylight bankruptcy law

Business owners

Small business debt

For owners whose business debt became personal: personal guarantees, a closed shop, or a business that could survive with some breathing room.

6 min read · Plain English · Updated for 2026

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Paths
3 main roads close, restructure, or a personal plan
Flat fee
From $2,500 for owners' personal cases
Consult
60 minutes free, with Hannah Brecht

What it is, in plain words

Small business debt rarely stays inside the business. Personal guarantees on leases and loans, merchant cash advances, payroll taxes and credit cards in your name can follow you home.

Which path fits depends on whether the business is open or closed, how it is set up, and what you want to happen next. We start with those three questions, not with a form.

Often a good fit if

  • You signed personal guarantees on a loan, lease or equipment
  • The business closed and the debts are still in your name
  • You are a sole proprietor and business and personal debts are mixed together
  • The business works but is buried in short-term loans or cash advances

Things to weigh first

  • Payroll trust fund taxes usually are not discharged and need their own plan
  • A corporation or LLC does not receive a Chapter 7 discharge; your personal case is separate
  • Closing a business has steps of its own, like final tax returns and notices to employees

Step by step

How it usually goes with us

  1. 01

    Free 60-minute consult

    Open or closed, how the business is set up, and what you want next.

  2. 02

    Sort the debts

    Business-only, personally guaranteed, or tax: each one is handled differently.

  3. 03

    Choose the road

    Close it, restructure it, or protect yourself personally. Fees quoted in writing.

  4. 04

    File and follow through

    We handle the court side and help you with landlords, lenders and payroll notices.

Three roads for business owners

  • Chapter 7

    Closing the business

    A trustee winds up what is left. Owners who signed guarantees often file their own personal case alongside it.

  • Chapter 13

    Sole proprietor, still working

    A personal repayment plan that can include business debts, as long as the total stays within the limits.

  • Chapter 11, Subchapter V

    Keep the business running

    A streamlined reorganization built for small businesses, with debt limits. We handle smaller cases and bring in co-counsel when a case needs more hands.

Which road fits depends on the business structure, the debts and the goals. These are general descriptions, not a recommendation.

Small business

Questions people ask us

Can I keep running my business if I file?

Often, yes, especially as a sole proprietor in Chapter 13 or a small business in Subchapter V. In Chapter 7, an open business is harder to keep. We walk through the trade-offs at the consultation.

What about merchant cash advances?

They are handled case by case. Some are treated as loans and some as purchases of future sales, and the contract matters. Bring it with you and we will read it.

Will filing affect my business credit?

It can. A personal filing shows on your personal credit, and lenders may ask about it later. We help you plan for that, including how to rebuild.

More questions and answers
All options

Free consultation

Ready to talk it through? It's free, and there's no judgement here.

A 45-minute consultation in our office, by phone or by video. You'll leave knowing your options, the likely cost and the next step, even if that step is not bankruptcy.

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