Small Business Bankruptcy Lawyer Brooklyn

Your business deserves a real path forward.

Trusted Support from a Small Business Bankruptcy Lawyer in Brooklyn

 

If you’re a small business owner considering bankruptcy, at the Law Offices of Wenarsky and Goldstein, LLC, we’re ready to face this challenge.

Small business owners in Brooklyn face a harsh reality when debt takes over. Cash flow dries up. Suppliers demand payment. Creditors call daily. When your business can no longer meet its obligations, the pressure can feel impossible to escape. At Law Offices of Wenarsky and Goldstein, LLC, we work with small business owners across New York’s five boroughs — including Brooklyn — to find real legal solutions when finances fall apart.

Bankruptcy is a legal tool that stops debt collection and gives your business breathing room. For some owners, that means a fresh start. For others, it means a structured plan to pay down debt while keeping the business alive.

The right path depends on your specific situation: your debts, your assets, and your goals. No two cases are the same, and the stakes are high. Your livelihood, your credit, and your employees’ jobs may all be on the line.

Understanding which chapter fits your situation is the first and most important step. Our team can review your full financial picture and help you make that call with clear, honest guidance.

 

How We Help Brooklyn Small Businesses Find a Path Forward

 

At Wenarsky and Goldstein, we start by taking a close look at your business finances. We review what you owe, what you own, and what your options are so you know exactly where you stand before any decisions are made.

Not every struggling business needs to close.

Some benefit from Chapter 7 bankruptcy, which clears debt fast and lets owners move on. Others are better suited for Chapter 13 bankruptcy, which creates a structured plan to repay debt over time while keeping the business alive.

We help you see which path makes sense for your specific situation.

Brooklyn businesses face real pressure from creditors, from landlords, from the weight of unpaid bills. We take that seriously. Our approach is to cut through the noise, take a full view of your finances, and map out a clear strategy.

We don’t push one solution for every client.

We also look beyond bankruptcy when it fits. Small business matters, such as entity restructuring or compliance issues, can sometimes change the financial outlook. If a non-bankruptcy option may serve you better, we’ll say so.

Chapter 7 vs Chapter 11

For small business owners, Chapter 7 bankruptcy usually means closing the business and liquidating its assets to pay creditors. It can help eliminate unsecured business debts, but the owner may lose business property, and personal guarantees may still be owed.

Chapter 11 bankruptcy allows the business to keep operating while restructuring debts through a court-approved repayment plan. It is often used by businesses that want time to recover financially while continuing to serve customers and employees.

Small business owners typically choose Chapter 7 if the business is no longer viable. In contrast, Chapter 11 is more suitable when the business has a realistic chance of surviving after reorganizing its finances.

Why Brooklyn Businesses Trust Wenarsky and Goldstein

 

When your business is in financial trouble, you need a law firm with the right focus, real experience, and a clear track record of experience.

Here is what sets the Law Offices of Wenarsky and Goldstein, LLC apart for small business owners in Brooklyn.

Over a Decade Serving New York Small Businesses

Our firm has been helping small business owners since 2010. That is more than 15 years of real-world experience guiding clients through tough financial decisions. We have developed practical knowledge through years of client work.

Focused on Bankruptcy and Small Business Matters

We focus our practice on bankruptcy and small business legal needs. This isn’t a side service. It’s a core part of what we do every day. From Chapter 7 and Chapter 13 bankruptcy to entity formation and compliance, we handle the full range of small business legal challenges.

Two Attorneys, Decades of Combined Experience

Attorneys Scott J. Goldstein and Jenee K. Ciccarelli bring decades of combined experience to every case. You work directly with our attorneys. Not a paralegal, not a case manager. Your situation gets real legal attention from the start.

Personalized Service, Not a Cookie-Cutter Approach

Every small business case is different. We build a plan around your specific facts, your debts, and your goals. We don’t push one-size-fits-all solutions. We listen first, then act. That approach has kept clients coming back — and referring others — since 2010.

Your Brooklyn Small Business Bankruptcy Process, Step by Step

 

Filing for bankruptcy as a small business in Brooklyn follows a clear path. Knowing each stage helps you feel ready and not caught off guard.

Stage 1: Initial Review

First, you share your financial records with us. We look at your debts, assets, income, and business type. Then we identify which chapter fits your situation:  Chapter 7 or Chapter 13.

Most sole proprietors in Brooklyn may qualify for either.

Stage 2: Filing Preparation

You gather key documents. These include tax returns, bank statements, a list of creditors, and a schedule of assets and liabilities. We prepare and review all petition forms required by the US Bankruptcy Court for the Eastern District of New York, which covers Brooklyn.

Stage 3: Filing and the Automatic Stay

We file your petition with the court. An automatic stay takes effect right away. This halts collection calls, lawsuits, and wage garnishments. It gives your business breathing room while the case moves forward.

Stage 4: The 341 Meeting (30–45 Days After Filing)

You attend a Meeting of Creditors, also called the 341 meeting. As of November 2023, these meetings are conducted virtually, via Zoom. The trustee asks basic questions about your finances. Creditors may attend, but rarely do. The meeting usually lasts under 15 minutes.

Stage 5: Discharge or Plan Completion

In a Chapter 7 case, discharge can come within 60 to 90 days after the 341 meeting. In a Chapter 13 case, you complete a 3- to 5-year repayment plan, then receive your discharge.

We stay with you through each step, reviewing any trustee requests and keeping the process on track.

Talk to a Brooklyn Small Business Bankruptcy Lawyer Today

 

Your business matters. At the Law Offices of Wenarsky and Goldstein, LLC, we help Brooklyn small business owners find a real path forward, whether that means restructuring debt or closing with dignity. An initial consultation may provide important clarity about your options.

Visit our contact page to schedule a free initial consultation

You don’t have to face this alone. Reach out today and let’s talk about what’s possible for your business.

Frequently Asked Questions 

1. Can I file for bankruptcy if my business owes back payroll taxes?

Yes, but payroll tax debt is treated as a priority claim, which means it typically cannot be discharged in Chapter 7. A small business bankruptcy lawyer Brooklyn businesses rely on can review your full tax liability and help you build a plan to address it.

2. What happens to my business assets if I personally guaranteed a loan?

A personal guarantee makes you liable for that debt even if the business closes. If you file personal bankruptcy, that debt may be included. However, a lawyer should first review what assets could be at risk under New York exemptions.

3. Can I keep running my business while a Chapter 11 case is pending in Brooklyn?

In most Chapter 11 cases, yes. You operate as a debtor in possession and keep running day-to-day operations. You are required to follow strict court reporting rules and get court approval for decisions outside normal business activity.

4. Does filing for bankruptcy stop a pending lawsuit against my business?

Yes. The automatic stay halts most active lawsuits the moment you file. There are narrow exceptions — such as certain criminal proceedings — but civil creditor actions typically pause right away.

5. How long does a small business bankruptcy case take in the Eastern District of New York?

A Chapter 7 liquidation often concludes in 4 to 6 months. Chapter 11 reorganization cases vary widely, but most small-business cases under the Subchapter V streamlined process aim to confirm a plan within 3 to 5 months of filing.

Call the Law Office of Wenarsky & Goldstein

At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.

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