An Atlanta-area bookstore surprised its fans last week when it filed for Chapter 7 bankruptcy protection to deal with its $508,673 in debts. At the time of the filing, it seems, Outwrite Bookstore had less than $300 in its checking account, a circumstance that underscored the dire financial straits the bookstore found itself in.

Part of a Larger Trend

While Outwrite’s Chapter 7 filing in particular came as a surprise (the bookstore had admitted financial troubles in recent months, but had apparently held a fundraiser to help with relocation costs even as it was paying a bankruptcy lawyer to help it draw up plans for winding down), its place in the grand scheme of booksellers these days is nothing new.

With online giants like Amazon underselling most of its competition, many independent (and even not-so-independent, ahem, Borders) brick-and-mortar sellers have felt a serious strain.

Individual Chapter 7 vs. Business Chapter 7

When Outwrite filed its Chapter 7 petition, the bookstore cited only $78,311 in assets, compared with its debts exceeding $500,000. Most of those assets, it seems, took the form of office supplies and inventory the store still had on hand.

It’s not entirely uncommon to see individual Chapter 7 bankruptcy cases with similar disparities in debt and assets. Here’s why Chapter 7 bankruptcy tends to work well for those with few assets to their name:

• Chapter 7 bankruptcy offers a full discharge of certain debts, meaning that filers are not required to repay those debts. For a business like Outwrite, choosing Chapter 7 makes sense when there’s no clear way to earn the money needed to repay creditors. For individuals, Chapter 7 can provide relief from debts that are unrealistically higher than a filer’s income (such as exorbitant medical bills or credit card debts).
• Filers can keep their necessities. Chapter 7 bankruptcy is a form of protection, not punishment. Filers are granted several “exemptions,” which outline property a filer can keep in order to make a fresh financial start after the bankruptcy case is finished. Any property or assets that the court deems unnecessary to reasonably make a living may be sold in a liquidation sale.
• Chapter 7 offers relief from creditors. Chapter 7 filers enjoy the legal protection of the automatic stay during their bankruptcy cases. This stay prevents creditors from taking any collection actions against them. Once a debt is discharged in bankruptcy, creditors have no legal claim to it, and cannot rightly take collection action.
• Chapter 7 moves quickly. In a matter of months, filers can complete the bankruptcy process and restart their lives uninhibited by the debts of their past. In their lives after bankruptcy, filers are free to rebuild their wealth.

In 2009, a class action lawsuit brought in California challenged credit-reporting bureaus TransUnion, Equifax, and Experian with improperly reporting debts that had been discharged in bankruptcy. The defendants (that is, the credit-reporting bureaus) eventually came to a settlement with the plaintiffs (the people responsible for bringing the suit), to the tune of $45 million.

The court approved the settlement by issuing an Order Granting Final Approval, but on August 12, 2011, the defendants filed a brief challenging that order, in regards to attorney fees and costs of the case. The result of this appeal won’t be known until at least later this year: the deadline for Appellants to file relevant briefs with the court is January 23, 2012, and Appellees have until February 24, 2012.

Will You Get Settlement Money?

The lawsuit was brought because Equifax, Experian, and TransUnion improperly reported debts that had been discharged in bankruptcy on consumers’ credit reports. Rather than noting that these debts were “discharged through bankruptcy,” the credit bureaus noted that they were “120 days late” or that they had been charged off by the credit issuer.

Incorrectly reporting the status of a debt is illegal (which is why the lawsuit was filed), but it also caused a lot of grief for the people affected. When a debt is still reported as active, debt collectors may try to collect on that debt.

The result was that people who had filed for bankruptcy and gone through the entire bankruptcy process precisely to eliminate their debts and stop getting hassled by debt collectors were having to deal with debt collectors anyway (along with the stress of trying to sort out why their credit reports were incorrect).

You are eligible to collect some of the settlement if…

• You are a member of the “class” represented by this class action case. To be a part of the class, you must have received a Chapter 7 bankruptcy discharge AND had a credit report issued by one of the defendants (i.e. the three credit reporting bureaus) between March 15, 2002 and May 11, 2009 with incorrectly reported discharged debts.
• You must have submitted a claim form with relevant information no later than November 30, 2009.

If you missed the deadline, however, don’t worry too much. Even though the settlement amount seems large, it will be spread out over so many individuals that it likely won’t result to more than a few dollars per person.

If, however, you’re interested in exploring other legal options regarding errors on your credit report, you may want to consult with a lawyer about the recourse available to you.

Last week, Silicon Valley-based solar company Solyndra laid off more than 1,000 workers and announced plans to file for Chapter 11 bankruptcy. The move made waves in part because the company had appeared promising to many investors: Solyndra attracted more than $1 billion in venture capital and a $535 million loan guaranteed by the federal government.

The company appeared to have everything going for it: it had developed new technology to improve the design of existing solar panels and it emerged at a time (2008) when investors were eager to back “green” technology.

But a number of factors got in its way of success:

• Changing solar equipment prices: Solyndra apparently entered the market at a time when materials to make solar panels were expensive and watched the value of its equipment decline over time.
• Increased competition from China: When Solyndra was in its early stages, competition from China was reportedly shaky and not well established. Over the course of Solyndra’s growth, solar panels produced in China gained credibility on world markets. Plus, the Chinese government subsidizes production.
• Oversupply: Globally, more solar panels have been produced than people have been interested in buying. Part of the diminished demand can be blamed on the recession.

Learning from Bigger Bankruptcy Filings

If nothing else, the fate that Solyndra is facing serves as a welcome reminder to individuals considering filing bankruptcy. Many factors that lead people to choose bankruptcy protection are beyond any individual’s control.

In fact, bankruptcy filing surveys consistently note that top reasons people file for bankruptcy include:

• Divorce;
• A birth or death in the family;
• Job loss or reduction;
• An unexpected illness or injury; and
• Natural disasters.

As part of its Chapter 11 bankruptcy, Solyndra will likely sell off parts of itself (such as its thin-film solar technology) that are valuable, if not workable for the company at present. Individuals can learn from this, too, and consider some of the following cash-raising techniques before or during bankruptcy:

• Get a part-time gig: Many people have talents from which they make no money. As part of a bankruptcy recovery, consider selling those services.
• Lighten the load: In Chapter 7 bankruptcy, filers’ non-exempt assets are sold to raise money for creditors as part of the bankruptcy process. Chapter 13 filers could try something similar, by selling unneeded items online or via a yard sale.
• Don’t be discouraged: A number of high-profile investors (including the federal government and the Walton family of Wal-Mart fame) supported and helped fund Solyndra. Sometimes, even the best-laid plans end badly. Bankruptcy gives individuals and businesses a chance to move forward.