6 Tips Your Lawyer Wants You To Follow To Avoid Bankruptcy

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21 January 2026

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how to avoid bankruptcy

If you want to know how to avoid bankruptcy, you are not the only one!

It’s estimated that an average of 15,000 Australian businesses have entered formal insolvency in the last four years.

The main industries affected are hospitality and construction. With this in mind, you may be wondering if there’s anything you can do to safeguard your business from going bankrupt in 2026. 

Fortunately, there are several steps that your contract lawyer wants you to follow to avoid bankruptcy and eventual liquidation. This post takes a closer look at these steps and highlights why it’s a good idea to always have legal protection. 

Understanding The Terminology: What Is Bankruptcy?

“Bankruptcy is a way to get a fresh financial start (as an individual or business) if you can’t repay your debts,” according to Investopedia.

Some people use the terms bankruptcy, insolvency, and liquidation interchangeably, and it can be difficult to differentiate them if you’re not familiar with each concept. Here’s what you need to know:

  • Insolvency: This refers to a business or individual being in a financial state that deems them unable to pay debts. 
  • Bankruptcy: After becoming insolvent, bankruptcy refers to the legal process that resolves this state. This is usually done for individuals, where businesses often follow similar processes referred to as sequestration or liquidation. 

Simply put, insolvency is the condition of not being able to meet your financial obligations. Bankruptcy is then the action, or formal legal action, taken to resolve or finalise the situation.

What Happens When You File A Bankruptcy?

Declaring bankruptcy means you’re filing a petition with a federal court. Sure, you can try to handle it yourself (that’s called filing “pro se”), but honestly, that’s risky.

Bankruptcy law gets complicated fast, and one wrong move can mess up your whole case. It’s a lot safer to work with a bankruptcy attorney. They’ll help you figure out which type of bankruptcy fits your situation and guide you through all the legal steps.

Once it’s done, any debts that qualify get wiped out, so you’re not on the hook for them anymore—as long as you stick to the bankruptcy terms.

But bankruptcy doesn’t come without consequences. It sticks to your credit report for years and drags down your credit score, making it tough to borrow money later on. Which is why it is best to know how to avoid bankruptcy.

Nobody starts a business thinking they’ll go under or end up bankrupt. Still, you’ve got to take steps now to avoid trouble later.

Which is why it is best that you have the right advice from legal experts.  They can help you with some straightforward tips you can use to stay ahead.

1. Enlist Professional Advice

Many business owners only opt to enlist the right legal assistance when they are already experiencing a problem.

While it’s never too late to call the professionals, it’s always a good idea to proactively seek legal assistance when you start your business.

Doing this ensures that you have access to tailored advice that will ensure that you can simply fulfil all the necessary obligations.

Your lawyer will assess your financial situation and make recommendations for preventing bankruptcy. Some of the initial measures that may be put in place include early restructuring of debts and creditor negotiations.

2. Keep Track Of Your Financial Position

The​‍​‌‍​‍‌ next task that you have to do is to keep a complete record of your personal and business finances.

Remember that this is about having a clear picture of all your assets, income, expenses, and liabilities. 

Specialists advise that you check your financial statements monthly in order to be able to foresee any risk. Don't forget to involve your lawyer in this matter since they can give you useful advice on how to take the right decisions and carry out the necessary ​‍​‌‍​‍‌measures.

3. Be Strict About Cash Flow 

There’s a reason why the expression, “Cash flow is king”, is so popular in business. The most effective way to have strict control over your business's finances is to monitor monthly cash flow, which includes all incoming and outgoing transactions.

It’s also a good idea to create a financial buffer where you keep a 5 to 10% cash reserve for emergencies. Speak to an insolvency lawyer for assistance with creating effective cash-flow management plans.

4. Regulate All Expenses

The next step is to reduce all non-essential spending. It’s essential to do this even when your business is doing well. This will ensure that you develop effective expense regulating habits early on. 

Saving money whenever possible is the best way to save money for tough times. A strong savings or investment account may be the solution to a small crisis that would ordinarily lead to insolvency. 

5. Focus On Debt Management

It’s very easy for a new business to take on a lot of debt. This is especially the case if you have to buy supplies and resources. Experts advise you to focus on doing this only when you absolutely have to. Don’t take on excessive debt in the early days of your business. 

If you are finding it difficult to make certain payments, speak to creditors about repayment plans. Other tips to help with debt management include the following:

  • Ensure that you promptly pay your business invoices, which will ensure you have a steady flow of income coming in. 
  • Follow up on late payments to ensure that you don’t go involvement waiting for your clients to pay. 
  • Invest in bad debt insurance.

6. Know Your Client Base

When you are setting up your business, you may be keen to do business with anyone just to get your company off the ground.

However, as your business grows, experts advise you to focus on loyal customers to ensure that your business has a reliable income. You can achieve this by focusing on marketing campaigns geared towards your top customers. 

Avoid Bankruptcy At All Costs!

When starting your business, it’s essential to liaise with your contract lawyer to put the necessary steps in place to avoid potential bankruptcy.

Having the right professional by your side and following sound financial management measures, you’ll be able to keep your business on track.

Barsha Bhattacharya is a senior content writing executive. As a marketing enthusiast and professional for the past 4 years, writing is new to Barsha. And she is loving every bit of it. Her niches are marketing, lifestyle, wellness, travel and entertainment. Apart from writing, Barsha loves to travel, binge-watch, research conspiracy theories, Instagram and overthink.

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