After 9 years running a brick-and-mortar retail shop, I'm calling it. Revenue down 40% YoY, lease ends in 6 weeks, and I'm burning savings. I've drafted a 30-day emergency shutdown plan and want feedback. Key steps: 1) Notify landlord in writing tomorrow, 2) File LLC dissolution paperwork with state, 3) Liquidate inventory via auction/liquidation company, 4) Send employee notices (I have 4 part-timers), 5) Cancel all recurring services/subscriptions, 6) Set up a separate email/phone for creditor inquiries, 7) Talk to a business bankruptcy attorney. Am I missing anything critical? What did you wish you'd done differently in the first 2 weeks?
My 30-day emergency plan for shutting down a failing business
First thing I'd add: check your personal guarantee exposure on that lease. Landlords don't just let you walk because the lease ends. If you signed a PG, they'll come after you for the remaining term or damages. Talk to that attorney before you send the landlord anything.
Liquidation companies are vultures. Get 2-3 quotes and compare to just doing an online auction yourself. I used one for my restaurant and they took 35% plus fees. Would've been better off with a weekend public sale.
The employee notices part is tricky depending on your state. Some require final pay within 24-72 hours or you owe penalties. Also check WARN Act thresholds if you had more employees recently. Four part-timers might be under it but worth a quick look.
Curious why you're filing dissolution before you've settled debts. That closes the door on negotiating with creditors as a live entity. Most people I know keep the LLC active untitl the dust settles.
BlueRidge83 makes a good point. Dissolution doesn't make debts vanish and can complicate things if you still have inventory to sell or contracts to unwind.
30 days is aggressive. The IRS and state tax folks don't move that fast. Make sure you've filed final returns and gotten a tax clearance before you dissolve, or you'll be chasing paperwork for a year.
Also: cancel your business licenses and seller's permit. I forgot and got a nice letter from the state 8 months later asking why I was still operating.
Not to be that guy but have you actually tried selling the business as a going concern? Even a failing shop can have value for the lease, fixtures, or customer list. 30 days might be enough for a broker.
QuietStorm_ with a 40% revenue drop and 6 weeks left on the lease? Nobody's buying that. Be realistc.
Eh, you'd be surprised. Asset sale to a competitor is a thing. But yeah, timeline makes it tough.
Document everything. Every conversation with the landlord, every creditor call, every dollar out the Door. If this ends up in court or with a collections agency, a clean paper trail is your only friend.
One more: your point about a separate phone/email for creditors is smart, but don't dodge them entirely. If they can't reach you they escalate faster. Answer, be polite, tell them what's happening.
Signed up just to say this thread is weirdly calming. Closing mine next moonth and hadn't even thought about half this stuff.
Good luck OP. Don't let the guilt make you drag it out. Rip the bandaid.