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You should consult a lawyer first.

One of the benefits of setting up a corporation is expressly that: it allows you (in theory) to separate your personal and business finances. However, this may not always protect you if your business goes bankrupt; in some cases creditors are allowed to reach your personal finances anyway.

Setting up a corporation when the business is already at the point of bankruptcy may be viewed as an attempt at fraud... which is why you should talk to a lawyer first; any inclination the court may have had to treat you leniently is going to be wiped out by any hint of fraudulent intent.

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Q: Can you set up a business to separate personal credit from business credit in case of filing bankruptcy with your company?
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Does personal bankruptcy effect business credit?

In a Proprietorship, the personal bankruptcy of the proprietor may cause shut down of business. Whereas in Partnership and Joint Stock Companies, bankruptcy of Partners, Directors effects business credit immensely as bankers become shy in extending further credits to the company.


How can you reduce cost insurance of the company?

Make it a L.L.C. or L.L.P. A sole proprietorship has low insurance. If you incorporate it and separate business from personal, it will increase insurance.


What is the difference between a personal business letter and a business letter?

A personal-business letter is one that is sent from an individual to a business or company. Whereas, a business letter is a letter sent by the company or organization.


What if your condominium declares bankruptcy?

Your condominium association is a public company. There are several types of bankruptcy, and the type chosen by the association will determine how business proceeds once bankruptcy is declared. Read more, below.


If you have two financed vehicles can you keep them both in a bankruptcy as long as you make the payments?

When you go into business/personal bankruptcy that means you have to give up everything. However, before claiming bankruptcy many people hide things or sell off vehicles to a trusted family member or friend. This way you can actually buy the car back at a later date. People who own companies often put their home, properties, etc., in their wife or husband's name and thus, the courts can't touch these items. Believe it or not, in business (not personal bankruptcy) you can start all over again under other partners or under a different company name. Sad, but true. Personal bankruptcy is much less lenient.

Related questions

Does personal bankruptcy effect business credit?

In a Proprietorship, the personal bankruptcy of the proprietor may cause shut down of business. Whereas in Partnership and Joint Stock Companies, bankruptcy of Partners, Directors effects business credit immensely as bankers become shy in extending further credits to the company.


What is LLC business?

A business that is LLC is called a limited liability company. This means that the company is not taxed as a separate business. The profits and losses are reported through personal tax returns.


What type of insurance does a person carry for driving a company car for personal use?

The cheapest way to do this is just to have personal use added onto your current business auto policy. It's much more cost effective than buying a separate personal policy when not on company business.


Is hostess brands going out of business in the future?

The parent company is in bankruptcy and it is possible that they will go out of business.


If you file for personal bankruptcy can you still be the CEO of a publicly traded company?

Sure


If your company declares bankruptcy does this discharge your guaranty?

If the company is a corporation and you personally guaranteed the debt, the corporation's discharge of its debts does not discharge your obligation. If the company is you as a "DBA" then more than likely the discharge of the DBA (doing business as) discharges your personal guarantee.


Can an H1B sponsored employee file for personal bankruptcy without involving the sponsoring company?

Yes. Personal banruptcy does not relate to the company where the person is employed.


What is the Bankruptcy Code?

The Bankruptcy Code refers to a business filing bankruptcy. If a business is unable to pay it's debt or pay it's creditors, the business or it's creditors can file bankruptcy. Upon filing bankruptcy, the business ceases operation, a trustee sells the assets, and then gives the proceeds to it's creditors.


What happens when a business is owed money by a company that files for bankruptcy?

Need the right answer


What companies will underwrite homeowners insurance while under bankruptcy?

What company will insure you when in chapter 13 if you home is not covered in the bankruptcy. If you have current insurance and the company is going out of business.


What is one company that is considered a bankruptcy business?

Bankruptcy businesses help company liquidate and close up. There are a number of companies that can tell you if you qualify. First step should however be to talk to your bank. There could be something you have overlooked. One bankruptcy business however is: Insolvency Direct.


How can you reduce cost insurance of the company?

Make it a L.L.C. or L.L.P. A sole proprietorship has low insurance. If you incorporate it and separate business from personal, it will increase insurance.