Insolvency

Insolvency Attorney for Businesses Facing Financial Distress

When financial challenges threaten the survival of your business, Empire Business Law is here to guide you through every stage of insolvency with clarity, strategy, and unwavering legal support. As experienced business attorneys, we understand the complexity and urgency surrounding insolvency. Whether you're unable to meet your debts as they fall due or your company’s liabilities now exceed your assets, we help you navigate your legal options and protect your long-term interests.


If your business is facing insolvency, time is critical. Our team works quickly to assess your financial position, explore available solutions, and minimize exposure to legal risks. From negotiating with creditors to overseeing formal insolvency procedures like administration or liquidation, we are your legal advocates in times of financial distress.

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Over the years, Empire Business Law has helped with the launch of many startup companies. We are sensitive to the needs of entrepreneurs. Our focus is to advise founders on typical matters such as raising capital safely, how to protect their intellectual property and to accelerate their growth sensibly.

What Does It Mean to Go Into Insolvency?

Insolvency occurs when a business is no longer able to pay its debts on time or its liabilities outweigh its assets. If you're wondering what does it mean to go into insolvency, it means your company is legally considered financially unstable and may need to enter an insolvency procedure. This can include options such as restructuring, administration, or liquidation—each with serious legal and financial implications.


At Empire Business Law, we help clients determine whether they meet the legal definition of insolvency and what steps to take next. Our role is not just legal—it’s strategic. We assess your options and help you understand whether your business can recover or if winding down is the best course of action.

What Happens When You Claim Insolvency?

When you claim insolvency, it sets in motion a series of legal obligations and decisions. You may be eligible to discharge or restructure debt, but you also face responsibilities to creditors, employees, and regulatory bodies. If you're asking what happens when you claim insolvency, the answer depends on your unique situation—but one thing is constant: the process must be handled with care and legal precision.


Our attorneys help businesses file the appropriate documentation, communicate with creditors, and protect the company’s officers from personal liability wherever possible. We also provide legal guidance if you’re dealing with tax-related insolvency, where your liabilities exceed your assets and you may qualify for certain debt exclusions.

Understanding the Main Cause of Insolvency and How to Avoid It

Many clients come to us asking what is the main cause of insolvency? The truth is, insolvency often stems from a mix of factors—mismanagement, economic downturns, cash flow issues, or even unexpected legal disputes. However, the most common underlying issue is poor financial planning.



At Empire Business Law, we don’t just address insolvency—we help prevent it. For businesses that are still operational but feeling pressure, our legal counsel can help you restructure contracts, reduce liabilities, and create more resilient financial practices. The earlier you seek legal guidance, the more options you'll have.

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Selling a business is a complex process that involves multiple legal, financial, and operational considerations. Whether you’re transitioning to a new venture, retiring, or simply moving on, ensuring a legally sound sale is crucial to protecting your interests. Without proper legal guidance, business owners may face unnecessary liabilities, disputes, or delays that could jeopardize the transaction. At Empire Business Law , we specialize in helping business owners navigate the sale process efficiently. From structuring the deal to finalizing contracts, we ensure a smooth, legally compliant transition so you can focus on your next steps with confidence.
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Selling a business is a major financial and legal transaction. Whether you’re moving on to a new venture, preparing for retirement, or simply looking for a change, the process of selling a business involves complex legal considerations. Without the right guidance, business owners can face costly mistakes, delays, or legal disputes. At Empire Business Law , we specialize in helping business owners navigate mergers, acquisitions, and business sales with confidence. From preparing legal documents to ensuring compliance, our attorneys are here to make the process as smooth as possible.  In this guide, we’ll walk you through the key legal steps involved in selling a business and how our team can help protect your interests at every stage.
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Expert Legal Help for Business Insolvency

Insolvency is more than just a financial status—it’s a legal condition that requires decisive action. Empire Business Law offers comprehensive services for business owners facing insolvency. When you hire us, you gain:


  • A full legal assessment of your company’s solvency status
  • Guidance through administration, liquidation, or restructuring
  • Legal representation in creditor negotiations and court proceedings
  • Protection for directors and officers where possible under the law
  • Long-term planning to safeguard your business or manage an orderly exit



We don’t offer cookie-cutter solutions. We analyze your specific situation and craft a legal strategy tailored to your business’s needs and goals.

Why Choose Empire Business Law for Your Insolvency Case?

What sets Empire Business Law apart is our deep business experience and commitment to your company’s future—whether that means recovery or resolution. Our clients range from startups to established firms, and we bring the same level of care, experience, and strategic insight to every insolvency matter.


We don’t just handle the paperwork—we advise, defend, and guide you through what can be one of the most stressful periods in business ownership. With offices in California and New Jersey, our firm is built to support business clients across multiple jurisdictions with integrity and results.

Frequently Asked Questions About Insolvency

  • What is the difference between insolvency and bankruptcy?

    Insolvency is a financial condition—being unable to pay debts as they come due or having liabilities that exceed assets. Bankruptcy is a formal legal process that may follow insolvency, particularly for individuals or in certain business contexts. Not all insolvent businesses go bankrupt; some are restructured or liquidated without bankruptcy court involvement.

  • Can a business recover from insolvency?

    Yes, with the right legal strategy and timely intervention, many businesses recover from insolvency. This might include debt restructuring, asset sales, or entering a formal administration process to keep operations running while resolving debt issues. Empire Business Law helps determine the most viable path forward for your business.

  • What are my obligations as a director of an insolvent company?

    If your business is insolvent, your obligations as a director shift. Your duty moves from serving shareholders to protecting creditors’ interests. Failing to act appropriately can result in personal liability. Empire Business Law helps ensure you remain compliant and protected during insolvency proceedings.

  • How do I know if my company is insolvent?

    You may be insolvent if your business cannot pay its debts when due or if your total liabilities exceed your total assets. We can conduct a solvency assessment to confirm your legal status and recommend next steps.

  • What legal options do I have if my business is insolvent?

    Legal options include voluntary liquidation, administration, creditor arrangements, or restructuring. The right choice depends on your goals—whether it’s to continue trading, sell assets, or close the company in an orderly manner. Our attorneys help you weigh each option carefully.

Facing financial uncertainty? Let’s talk.

Whether your company is navigating temporary financial hardship or approaching formal insolvency, Empire Business Law is your trusted legal partner. We help business owners comply with every aspect of the statement of insolvency practice, reduce personal and corporate risk, and build a foundation for future growth.



📞 Call (855) 781-7705 or book a consultation online to discuss your situation confidentially with an experienced business attorney today.

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If you are looking for a very professional and reliable lawyer do not look any furthermore. Daniel López helped us by answering all of our questions. He made us feel comfortable with the process. I will highly recommend him to my family and friends. Thank you so much, Daniel. You were the best!

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Daniel is amazing! he's helped us get our business restructured right. He's so knowledgeable and extremely responsive. I would highly recommend Daniel and the attorneys at Empire Law for anything you need done with your business.

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We needed some trademark work done. There was another business using our logo. We called Empire and they literally held our hand through the whole process.

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I recommend Daniel Lopez, Esq. due to his knowledge, integrity, and ability to choose what is right for his clients. No upselling or trying to overcharge.

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Great first experience with this Law firm. I had a meeting with Daniel. He was friendly, informative, and straight to the point which I appreciate as a business professional.

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Danny was very helpful and answered all my questions regarding the creating of my LLC. He was very helpful. I would work with his firm again.

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