Why More and More Retailers are Filing for Bankruptcy

From family-owned businesses to national chain stores, more and more retailers are filing for bankruptcy. Statistics show that retail bankruptcy filings were up more than 30 percent in 2017 from the year prior. 

So, what’s driving this change in the retail landscape, and what can retail business owners do to protect themselves?

The Transition from Offline to Online Shopping

Several factors play a role in the increasing number of retail closings, one of which is the trend of online shopping. It turns out that 51 percent of US Consumers prefer to shop online. Buying goods over the internet is often easier, more convenient and even cheaper. 

As a result, consumers have shifted their shopping habits from local shopping centers and malls to the internet.

Another issue is that supply, in many cases, outweighs demand. Retailers continue to open new stores in hopes of increasing revenue. With consumer demand stagnant, however, this doesn’t happen. 



Instead, retailers are left with a surplus of goods and high overhead costs. Retail business owners who want to survive must learn to adapt to market changes while providing a valuable service for consumers.

Major Retailers Filing for Bankruptcy

Even major retailers aren’t immune from these market changes. In September 2017, just months away from the holiday shopping season, Toys ‘R’ Us filed for Chapter 11 bankruptcy protection. This prompted the national kids’ toy retailer to close some 200 stores.

Payless ShoeSource also fell into hard times last year. In April, the shoe store filed for Chapter 11 bankruptcy protection, announcing the closure of approximately 800 stores.

Other retailers that have filed for bankruptcy protection in recent months include HHGregg, RadioShack, Eastern Outfitters, Gander Mountain, Gormans, Wet Seal and Aéropostale.

How Bankruptcy Protection Can Help

Filing bankruptcy doesn’t necessarily mean the retail business will close. On the contrary, many retailers file it to keep their business alive during periods of financial hardship. 

When a retail business owner cannot pay his or her bills, bankruptcy offers a second change. As a business owner, you can keep a bankruptcy lawyer like the Law Office of Barbara B. Braziel on call.

There are several different types of bankruptcy, including Chapter 7, Chapter 11 and Chapter 13. With Chapter 7, the business’s assets are handed over to a trustee who oversees its liquidation for the purpose of paying off debts. 

Chapter 11 and Chapter 13, however, typically provide retailers with an opportunity to continue their business. The retailer may arrange a reorganize their business structure, liquidating assets and closing stores, and he or she may agree to a repayment plan with creditors.

There’s an undeniable change happening in the retail landscape. However, retailers can overcome financial hardship by consolidating their operations and filing for bankruptcy protection.

Bouncing Checks: 4 Ways to Make Bankruptcy Easier to Manage

Bankruptcy can have a profound effect on your finances both now and over the next several years. While it may help you get out of debt, it can also make it harder to get credit for the two to three years that follow. 

The bankruptcy will also stay on your credit report for up to 10 years. What steps can you take to best manage bankruptcy?

Know Your Rights

It is important that you learn as much as possible about your rights as it relates to filing for bankruptcy. During a bankruptcy case, creditors are generally unable to contact you or move forward with a repossession or a foreclosure. 

If you get any demand for payment from a creditor, contact your attorney, the case trustee or the bankruptcy court immediately. Doing so may prevent you from making payments or otherwise enduring harassment that you don't need to go through.

Know What Type of Bankruptcy to File For

Chapter 7 bankruptcy is ideal for those who have unsecured debts and few assets. Chapter 13 bankruptcy is best for those with secured debts or debts that can't be discharged. 

Professionals, like those at Demers Gagnier Inc., may be able to help you understand your options and which type of protection from creditors is right for you.

Know the Requirements before You File

When you file for bankruptcy, you will be required to provide information about your income, assets and liabilities. 

You will also be required to go through credit counseling within 180 days of filing. Taking the process seriously and providing any information asked of you in a timely manner may prevent your case from being dismissed or rejected.

Stick to the Repayment Plan

If you file for reorganization bankruptcy, you will be required to make payments on some or all debts for three to five years. Payments will be made according to a plan that is approved by the bankruptcy court. 

Making your plan payments as required may avoid challenges from creditors or other problems that could result in your case being dismissed. If you have trouble making payments, get in touch with the case trustee as soon as possible.

`Bankruptcy is ideally a last resort for dealing with debt after all other options have been exhausted. However, when done correctly, bankruptcy may help you get a handle on your finances both today and in the long run. 

If you are thinking about filing, make sure to do so with the help of an attorney or financial adviser to make it easier to manage the process.

Is there a difference between Chapter 7 and Chapter 13 Bankruptcy?

Declaring bankruptcy is an upsetting time for anyone. You never want to be placed in this position. In the US, there are two major types of bankruptcy you might file for if your personal debts have grown out of control: chapter 7 and chapter 13 bankruptcy. A lot of people confuse these two types, and when you are facing serious financial debt, it can be very difficult to know which route to take.

Here are the major differences between chapter 7 and chapter 13 bankruptcies, so you’re aware of your options if you face insurmountable debt.

Chapter 7 Bankruptcy Explained

Chapter 7 bankruptcy is where you admit to the court you have no chance of paying off your debts, and the court discharges your debts. You’ll be completely free from debt, but the catch is your belongings and property can be distributed to creditors to pay off your debts. There are items exempt from this, but in extreme situations where you owe large amounts of money, you could lose everything.

This is the end of the line for most people. The bankruptcy mark will remain on your record for a number of years, making it almost nearly impossible to take out credit.

Chapter 13 Bankruptcy Explained

Chapter 13 bankruptcy isn’t bankruptcy in the conventional sense. While you agree you can’t pay off your debts, you don’t necessarily discharge the debts. Instead, you broker a deal in the courts between you and your creditors where you’ll create a repayment plan. Usually, you’ll have your wages garnished every month until the debt is repaid. The difference is you aren’t putting your belongings at risk unless you specify that in the terms of repayment. In some cases, you might have some of your debt discharged.

Like chapter 7 bankruptcy, the mark of a chapter 13 bankruptcy remains on your credit score for several years, making it difficult to take out new lines of credit.

What Can They Take?

In chapter 13 bankruptcy they can’t take a thing. This isn’t where you admit you have to make a fresh start. It’s simply admitting you need legal intervention to help you pay off your debts. You can agree to sell something, like a car or furniture, to make the deal better for yourself, but it isn’t always necessary.

In the case of a chapter 7 bankruptcy, they can take anything of sufficient value. A bank could seize property, but in many states your primary residence is protected. Despite the equity, it’s likely the bankruptcy could still force a sale of your home so the creditors can recover their money.

You can lose your vehicle unless the court deems it essential to your livelihood. You can also keep trade tools for your work, but this only applies to a certain value. Anything above this value can be sold.

Your furniture and personal belongings are normally exempt from being sold off to collect a debt. Expensive jewelry and large items like plasma televisions and high-tech computers can be sold if they’re worth enough.

If you’re filing for either type of bankruptcy, it’s strongly recommended you employ a bankruptcy lawyer to help with the process. Through professional legal guidance, you can get you a more favorable deal and potentially help you retain many of your possessions.

About the Author:Ashley Parker has worked with many bankruptcy lawyers and financial advisors over the years. She regularly educates people on the differences between chapter 7 and 13 bankruptcies. As one of many chapter 7 attorneys, she recommends her clients try to opt for chapter 13, if at all possible.