How does a chapter 11 bankruptcy affect your business?
Bankruptcy is often associated with “going out of business sales” and “out of business signs.” The reality is, businesses can file for bankruptcy to develop plans to repay some or all of their debts without necessarily closing up shop.
Relativity Media Emerges from Chapter 11 Bankruptcy
Relativity Media is attempting to do just that. The movie studio sought Chapter 11 bankruptcy protection in July 2015 in order to keep operating while paying off its’ debts. The company had over $1 billion in liabilities, but only $560 million in assets following a string of bad movies. The company emerged from bankruptcy this past March.
While its’ leader, Ryan Kavanaugh has been working diligently to get Relativity Media out of bankruptcy and into solvency, it’s been a rocky road. According to court documents, Kavanaugh has still been unable to pay vendors and has been forced to sell the company.
Despite these setbacks, there may be a silver lining for Relativity. While the deal is not settled, Singapore social e-commerce company YuuZoo has offered to buy a minority stake in Relativity Media, with an option to become a majority shareholder over the next two years.
It remains to be seen whether the initial investment of $50 million and potential $100 million supplemental investment will be enough to pay off Relativity’s debts. Relativity Media stands at a crossroads between Chapter 7 liquidation and continued operations.
Business Bankruptcy Options
If you find your business is unable to meet its’ financial obligations, you have some options. The most common options, besides closing up shop and hoping the creditors will go away, is Chapter 7 bankruptcy, Chapter 11 bankruptcy and Receiverships. All have their pros and cons, which we’ve talked about in other posts. Most people understand what Chapter 7 bankruptcies mean, but they don’t clearly understand how a Chapter 11 bankruptcy can affect their business.
How Does Chapter 11 Bankruptcy Affect Your Business?
Filing for protection under Chapter 11 bankruptcy laws enables a business to continue operations while it works out a payment plan with its’ creditors. This payment plan must be approved by the bankruptcy court.
Larger businesses generally have no deadline to file their repayment plan. Smaller businesses may be limited to 300 days after filing to propose their plan. The business will also have some disclosures to file, which can include:
- Recent balance sheets
- Statement of operations
- Cash flow statement
- Recent federal tax return
In some chapter 11 cases, creditors may file counter-plans, which usually include liquidating assets. However, if long-term revenues have the potential to be much greater than the value of the business’ assets, they will allow the company to continue operating.
Businesses that have sought chapter 11 bankruptcy protection must maintain operations as usual and cannot sell major property or expand operations without court approval.
Thinking about business bankruptcy?
If you think bankruptcy may be right for your business, the best thing you can do is talk to an experienced bankruptcy attorney. The attorneys at Hanson & Payne can review your situation and provide you with options for moving forward. Contact us today or call (414) 271-4550 for a consultation.