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Month: July 2023

Home > Archives for July 2023

Bankruptcy Foundations: Chapter 11 Bankruptcy

July 26, 2023

We are living in unprecedented times as the COVID-19 virus takes hold of the world. As businesses are forced to close, business owners are in desperate need of a solution. For many business owners affected by this pandemic, filing for Chapter 11 bankruptcy seems like the only option.

If you’re a business owner struggling to stay in business during these tough times, filing for Chapter 11 bankruptcy may allow you to stay open while you sort out your finances.

Keep reading to learn more about the fundamentals of filing for Chapter 11 bankruptcy and how it can help save your struggling business.

Chapter 11 Bankruptcy: 101

If you’re a business owner facing crippling debt, chances are you will consider filing Chapter 11 bankruptcy. Chapter 11 is just one of your options. We recommend exploring all of your options before deciding to file for Chapter 11 bankruptcy because it tends to be the most expensive type of bankruptcy case.

After a debtor files for Chapter 11 bankruptcy, their debts and assets are reorganized but not erased.

So who can file for Chapter 11 bankruptcy? Corporations are who most commonly file for Chapter 11. Partnerships, sole proprietorships, and even individuals can also file Chapter 11.

By reorganizing your debts and assets, your business can continue to operate. The catch is that you must operate under supervision and be subject to the fulfillment of certain obligations.

When you file for Chapter 11 bankruptcy, your business will operate under the management of what is called a “debtor in possession.” The debtor in possession will manage and control your business’s daily operations such as payroll and other expenses.

They will examine claims, look at employment of professionals including auctioneers, attorneys, and accountants, and account for your business property. A trustee supervises a debtor in possession.

This trustee will ensure the debtor in possession is in compliance with all reporting requirements as determined by the court.

Filing for Chapter 11 Bankruptcy

The first step in filing for Chapter 11 bankruptcy is to file a petition in the bankruptcy court where you reside. The petition for bankruptcy can be either voluntary or involuntary.

The debtor submits a voluntary petition. In order to file voluntarily, the debtor must not have had a previous bankruptcy petition dismissed due to their own fault. This includes failing to comply with court orders or appear in court.

On the other hand, creditors file and involuntary petition and it must meet certain requirements as set by the bankruptcy court.

The Automatic Stay

When a petition is filed, an automatic stay goes into effect. An automatic stay suspends all collection activities on the debtor.

This stay against creditors goes into effect immediately upon the filing of the petition. Suspended activities include foreclosures, judgments, and repossessions.

This gives the debtor a chance to negotiate and resolve the financial issues.

In certain cases, secured creditors may be able to apply for relief from the automatic stay. This means that they can continue to foreclose on assets if they apply the proceeds from the sale to the owed debt.

Filing a Voluntary Petition

With a voluntary petition, a debtor has to include the following:

  • Schedule of current income and expenditures
  • List of assets and liabilities
  • Unexpired leases
  • Statement of financial affairs
  • Executory contracts

A voluntary petition will also include the debtor’s tax identification number (TIN), residence, location of assets, and the intention to file a plan of reorganization.

The Chapter 11 bankruptcy court charges a filing fee and administrative fee when they receive a voluntary petition. The filing fee is $1,167 and the administrative fee is $500.

These fees are paid to the court clerk as a lump sum or in installments depending on the preferences of the court. Sometimes the court will allow payments to be made in installments. In this case, the debtor must pay the entire sum within four installments.

The fees need to be paid no later than 120 days after the case was filed. The debtor must include a disclosure statement and a plan of reorganization with their petition. The disclosure statement should contain detailed information about the debtor’s assets and liabilities as well as business affairs.

The goal is to provide enough information that the court can make an informed decision about the plan of reorganization. This plan will include a list of claims and their classification as well as the treatment for each claim.

Impaired Claims vs Unimpaired Claims

If a claim is unimpaired, the creditor accepts the plan of reorganization. Creditors will reject plans when the claims are impaired. For these claims, the creditors will vote on the reorganization the plan by using ballots.

The court will review the disclosure statement, add up the votes, and hold a hearing on whether to confirm the plan of reorganization.

After filing the petition, the debtor becomes the debtor in possession. This happens automatically and the debtor takes control of the operations of the business and its assets.

Confirming the Reorganization Plan After Filing Chapter 11 Bankruptcy

A debtor must propose a plan of reorganization within 120 days of filing a petition for Chapter 11 bankruptcy. As long as the debtor proposes a plan within the required period, the court will grant another 180 days so that the debtor can confirm the plan.

As described previously, the plan of reorganization should classify claims for treatment as part of the reorganization. The list of creditors should be in the order of their priority. This means that secured creditors should be at the top of the list.

With Chapter 11 bankruptcy, an entire class of creditors is deemed to have accepted the plan if creditors with at least 2/3 in amount and 1/2 of the number of allowed claims in the class accept it. In order for the plan to be approved, at least one class of creditors with impaired claims must accept it.

Creditors with unimpaired claims are assumed to have accepted the plan of reorganization.

If a class of creditors votes in opposition to the plan, it can still be confirmed if all of the requirements are met. This means that the plan must be fair and it doesn’t discriminate against that class of creditors.

If no creditors file an objection, the court will decide whether all requirements have been met in order to confirm the plan of reorganization. The court must find that the plan has complied with the rules of Chapter 11, that it is feasible, and that it has been proposed in good faith.

Once it has been confirmed, the plan is binding. The plan confirms how the debtor’s debts will be treated under the plan.

What Will Happen if the Chapter 11 Bankruptcy Plan is Not Accepted?

There are a couple of options if the court does not accept or confirm the reorganization plan.

The court can either dismiss the case or convert it to a Chapter 7 bankruptcy. If the court rejects the plan, things will return to the way they were before the petition was filed.

At this point, creditors can take action to protect their own interests.

The Debtor in Possession

Chapter 11 bankruptcy automatically places the debtor in possession of their business. They take on the role of handling all business functions with the exception of investigative actions and the roles designated to the trustee.

The debtor in possession will be tasked with looking into and objecting to claims, accounting for assets, and filing reports required by the bankruptcy court. If the court approves, the debtor in possession can employ certain professionals to assist it. These might include attorneys, auctioneers, accountants, and appraisers.

The trustee is responsible for monitoring the compliance of the debtor. The trustee must ensure the debtor in possession completes all reporting requirements from the court.

If the debtor in possession doesn’t comply with the reporting requirements set by the court or of the trustee, then the trustee can file a petition to have the case dismissed entirely or have it converted to another chapter of the bankruptcy code like Chapter 13.

Are You Considering Filing for Chapter 11 Bankruptcy?

Is your business going under? Are you considering filing for Chapter 11 bankruptcy? If you’re in a position to file for bankruptcy, it’s important to explore all of your options.

For some businesses, Chapter 11 bankruptcy is the best way to remain in control of your business’s operations while resolving your financial liabilities. If your business is considering filing for Chapter 11 bankruptcy or has already filed, we can help you stay afloat.

Apply here to learn more about how you can secure debtor-in-possession financing today.

Filed Under: Accounting, Payroll, & Taxes, Business Management

How to Choose the Best Payroll Service for Your Business

July 8, 2023

Research shows that more than 50% of business owners completely outsource their payroll service and tax reporting services.

Moreover, nearly all businesses outsource at least a portion of their payroll in some capacity. They do so to help manage costs, lower risks, minimize exposure, reduce manual efforts, and ensure access to skilled staffing.

Are you looking to join their ranks? If so, it’s important to partner with the right payroll provider.

Today, we’re sharing how to choose a payroll service that meets your needs, resolves your pain points, and can help move your company forward. Read on to learn the features to consider.

What Does a Payroll Service Do?

In short, payroll is the process that ensures your staff members get paid for the work they do. While you could handle the task yourself or create an in-house team for this purpose, it’s easier and more cost-effective to allow a third-party payroll service to take the reins.

These services exist and operate in the cloud. This means there’s no expensive software to buy or maintain. In addition, when you’re not tied to a non-cloud payroll department, you can manage your payroll from anywhere, at any time.

Types of Services Offered

Online payroll services can be as intricate or simple as your business requires. A few of the most common types provided include:

  • Payroll processing
  • Filing and paying payroll taxes
  • Preparing year-end tax forms
  • Managing paid time-off
  • Computing wage and overtime payments
  • Reporting and calculating payroll deductions
  • Processing requests for payment advances
  • New hire reporting
  • Creating and distributing payroll reports

If this sounds like a ton of work, it is. That’s why it’s smart to let a qualified and experienced payroll service provider complete the laborious effort for you.

How to Find the Right Payroll Service for Your Company

Once you’ve decided that it’s time to invest in a payroll service, you can begin researching the best provider for your team. Yet, it doesn’t take long to realize that there is a wide range of solutions out there.

With so many options at your fingertips, it can be overwhelming and difficult to narrow down the list. Next, let’s review a few key considerations to make as you do your homework.

Core Payroll Processing Features Required

Yes, you want a payroll service provider to handle your payroll processing requirements and take care of your tax obligations. Yet, this only scratches at the surface of what a capable expert can provide.

Does the payroll provider offer your employees a variety of payment options, such as paper checks, direct deposit, or prepaid debit cards? What about varying wage rates? You might also require added services, such as human resources (HR) management or retirement plan administration.

In addition to those, a few important payroll processing services to consider include:

  • Garnishment payments
  • Paid-time-off
  • Administration of workers’ compensation
  • Unemployment insurance management
  • Detailed payroll reports

Your company might not need every feature, but you want to make sure that any payroll provider you choose can meet the core needs of your small business.

User-Friendliness

The payroll service platform that your provider uses should be intuitive and user-friendly. If you have to spend hours learning the system just to vaguely understand it, it’s time to look elsewhere.

Overall Costs from Payroll Processing Fees

While using a payroll service can help your team offset internal costs, it can add up if you aren’t careful. Before you sign on the dotted line, make sure you understand every detail about the provider’s payment structure.

Will you be required to pay on a month-by-month basis without a long-term contract? Or will you be required to make an annual commitment?

Also, check to see exactly what kinds of services you’re paying for, and whether or not you truly require them.

For instance, while HR capabilities might be a requirement for some companies, you might not need your payroll provider to cover that task. In that case, you don’t need to pay for it unknowingly.

Reputation and Feedback

Did you know that 84% of people trust online reviews from strangers as much as they trust recommendations from friends and family members?

When researching a payroll service, check to see what others are saying about them. What about a Google My Business (GMB) profile or a listing in an online business directory?

If your detective work isn’t leading anywhere, you can always use a tool such as Facebook Recommendations to ask your followers which service, they’ve used in the past. While everyone has to start somewhere, it’s best to find a provider with a proven track record who can handle even your toughest issues.

Level of Support from Your Payroll Service Provider

When you have an issue with your payroll service, you should be able to reach your provider quickly.

Ask each prospective payroll company if you’ll have a dedicated support representative assigned to your team, or if you’ll need to call and explain your setup again every time you need help.

Legacy System Integrations

Ideally, your payroll service will integrate seamlessly with the other tools, systems, and processes that you’re already using. This especially applies to any time and assistance systems or accounting software you have in place.

When these programs work together and “speak” to one another, you’ll save time, money, and energy. You’ll also reduce the risk of manual error associated with manually transferring data from one system to the next.

Outage Solutions

As your payroll data will live in the cloud, you need to know if each service provider has a dedicated plan in place to support critical operations during power outages.

How often does the provider perform maintenance and become unreachable? Have they experienced any power outages in the past? If so, how did they handle them?

The answers to these questions can directly affect the success of your payroll program, so it’s important to ask them.

Tax Involvement

While most payroll services will handle your tax requirements from start to finish, it never hurts to ask about their level of involvement.

Will they just compile the data for you and let you complete the forms yourself? Or will they take charge and handle the work themselves? In most cases, a provider will work throughout the year to withhold money from employee paychecks to make sure you have enough to pay local, state, and federal taxes.

In your research, ask each prospective payroll company about the process they follow to keep their tax rates up to date. You want a payroll service company that’s always working with the most recent and relevant tax data at all times.

Timeline of Implementation

Another factor to consider is when you’ll begin outsourcing your payroll services. Does it make sense to wait until the beginning of the year, or is it possible to make the switch mid-year?

In most cases, it’s best to roll out this new approach at the beginning of the year. However, you can hire a payroll service provider at any time.

Industry-Specific Knowledge

Can you find a payroll service company who already has other clients in your industry? If so, they’ll enter the partnership with a deep understanding of the pain points, challenges, and important issues related to your niche.

This can facilitate easier communication and help ensure that nothing slips through the cracks.

Can Your Payroll Service Provider Grow with You?

You don’t want to remain stagnant. You have big plans to expand your presence and build your bottom line, and you need a payroll provider who can keep pace.

Is the team in question scalable? Can they assign additional resources to your account as required to support you as you grow? At the same time, can they reduce resources when it’s time to cut back and save?

What Security Measures Do They Follow?

It’s no secret that your payroll provider will be working with some of the most sensitive and confidential data in your business. As such, you need to make sure they’re not only trustworthy but tech-savvy.

Look for a provider that places a high priority on information security and integrity. They should be able to clearly explain the proven security measures they have in place to help mitigate the risk of a breach and keep your data secure.

Outsource Your Payroll Service and Get Back to Business

As a business leader, you’ve got plenty on your plate. Juggling payroll service on top of your mission-critical duties can leave you stressed and stretched thin.

This is where a reputable payroll service provider comes in. Are you considering investing in these services for your company? If so, we’d love to help.

We provide online payroll services designed to fit every type and size of business. When you’re ready to get started, fill out this simple, 90-second application to help us understand your current situation and what you need.

Then, we’ll process your application and match you with a variety of personalized payroll solutions. From there, you can analyze your options and work with a dedicated Financial Advisor to make your final decision!

Filed Under: Accounting, Payroll, & Taxes, Business Services

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