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Don't Rush to Bankruptcy - But It Might Be Inevitable

What is Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organization, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the "bankrupt" individual or organization.

Bankruptcies rose by 30% in the 12 months ended December 31, 2005 2,078,415 bankruptcies were filed, up from the 1,597,462 petitions filed in the 12-month period ending December 31, 2004. This was the largest number of bankruptcy petitions ever filed in any 12-month period in the history of the federal courts. and is attributed to the rush to beat the new tougher bankruptcy laws that went into effect on October 17, 2005.

Non-business filings rose by 30 percent in the calandar year 2005 compared with the number filed in CY 2004 . (2,039,214/1,563,145)

Business filings, rose by 14 percent compared with the previous 12 month period ( 39,201/34,317 )

It's a sickening feeling when your debts start to stack up, your marketing strategy is failing, and it doesn't look like you'll ever be profitable. Your family is getting stressed, your business can't pay its bills, and customers are starting to make angry phone calls asking why the things they paid for aren't happening.

At this point, many people feel ready to throw in the towel. I'm here to tell you why you shouldn't be one of those people.

When the chips are down, the only thing to do is to stake your personal success on the success of your business. After all, what's the point in bailing out before you have to? You're guaranteed to lose money that way.

Someone once told me that the difference between an average Joe and an entrepreneur is this: the entrepreneur will not give up on a business until his creditors come and take everything he owns. And even then he might try to hide from them and keep things going from his friend's basement

It might seem dishonest, but for goodness' sake do not tell any of your customers that things are going wrong because your business is in trouble. They will immediately run a mile, putting your business in a far worse situation than it was before. You must always try to make it look like everything is going just fine -- admitting problems will put the final nail in your business' coffin.

If your creditors are at the point of knocking on your door, you should try to get a voluntary agreement with them before you even consider declaring bankruptcy. This is when you negotiate your debts down to a lower level using the threat of bankruptcy, and your creditors sign an agreement with you to say that they will leave you alone once you've paid that money.

I simply cannot get across to you how much you should not consider bankruptcy as a viable option, ever, until you are absolutely forced into it. Think of it as being like suicide: the absolute last resort. Would you commit suicide because your business was going badly? I hope you answered no -- which means that you shouldn't consider bankruptcy either.

Having had a bankrupt company stays with you for a long time in everything you do: your credit rating, your employment history, and even just in the way you think of yourself day-to-day. It's better to have everything wrestled from your hands than to give it up voluntarily -- otherwise you'll always be tortured by wondering what would have happened if you'd kept going just a little longer.

Gina Rothfels quotes "Bankruptcy stared me in the face, but one thought kept me calm; soon I'd be too poor to need an anti-theft alarm."

David Mclauchlan
For more articles by this author on this subject and over 100 other subjects visit his world of articles at http://www.david-mclauchlan.com
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