0
If you own a business that is an LLC can you file bankruptcy for your personal debts hence leaving the business out of it?
Wiki User
∙ 16y ago
Well yes to the degree the business has nothing to do with your personal BK...it makes no difference to it.
However, your personal ownership of the business (just like if you invested/owned stock in any company and it had value), may well become something that the creditors would want to pay your personal debts. And they certainly would at least want to see that you didn't hide any personal assets under the name of the business...like the business owns the cars and the boat and the vacation house....and has undistributed earnings...don't laugh - many people try this).
Wiki User
∙ 16y ago
Wiki User
∙ 11y agoYes, a chapter 7 or 11. It can get complicated, so be sure to consult a bankruptcy lawyer with experience in LLC bankruptcies.
Add your answer:
Earn +20 pts
If you file Bankruptcy on your business can they take your personal assets?
Only if then can show that you committed fraud, by piercing the corporate veil (i.e. using the business as your personal property), or if you gave a personal guarantee for business loans/debts.
If you file bankruptcy because of personal debts related to your business then sell your business after the bankruptcy can the courts take your proceeds?
== == YES. All of your property is considered in a bankruptcy. Your creditors have every right to get at ALL of your property including your business assets. I would be very surprised if the court didn't order the sale of the business to satisfy the creditors demands.
When filing bankruptcy which chapter eliminates all debt?
It depends. Most any of the types can, or may not. Some considerations are if your speaking of a business (Corporation) or personal bankruptcy, if the debts are secured or not, and how much of what type of assets there are and if any of them are to be maintained after the bankruptcy as determined by the Court and creditors. There is no personal bankruptcy where secured debts or other obligations such as child support arrearages. A chapter 7 is a total liquidation bankruptcy in which the debtor can discharge all debts that are not secured including judgments, liens that have not been "perfected", stop wage garnishment, etc. The petitioner will however be required to relinquish all non exempted property.
What kinds of liabilities are sole proprietor subject to?
Sole proprietors are fully and personally responsible for all their business debts. If the business begins to fail, the owner has to do what the have to by all means to pay outstanding obligations, even if they have to sell their own personal property. Us proprietors can limit our liability by buying appropriate insurance. We can DUCK debts by declaring personal bankruptcy.
The legal proceedings to administer the assets of a person or business that cannot pay its debts is known as?
Bankruptcy
If i file for bankruptcy what debts am i liable for in the company name?
If you file BK and the business is just that - a sole proprietorship...you doing business as "a business name"...they are all your personal debts. If it is incorporated, a Corporation, or several other forms of legal entity - you may not have any obligation for any of the debts in that entities name, unless of course, you were required to sign for them personally too...which in small or newer businesses of any type is common.
Why would a small business claim bankruptcy?
A small business owner would claim bankruptcy for a few reasons. The biggest reason would be to eliminate most or all debts for which a business owner is personally liable for.
Can priority debts be included in bankruptcy?
You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.
What are the differences between bankruptcy options?
Bankruptcy is a federal court process. It is designed to help consumers and businesses eliminate debt or repay debts under the protection of the bankruptcy court. There are two categories of bankruptcy, "liquidation" or "reorganization":Liquidation bankruptcy (or Chapter 7) - a consumer or business asks the court to discharge the debts owed (some debts cannot be discharged). In exchange, the business's assets or the consumer's property is sold (liquidated) and the proceeds are used to pay off the creditors.Reorganization bankruptcy (chapter 13) - involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
What are the two chapters a business can file bankruptcy under?
You can file bankruptcy for two possible reasons: you are unable to pay your debts or your creditors file for bankruptcy if you owe them more than 1000 dollars.
What does a bankrupt discharge?
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.
If getting divorced and spouse is filling bankruptcy should other half do the same?
Just because your spouse is filing for bankruptcy does not mean you need to. If your spouse ran up a lot of bills related to a business or something that does not involve you and no one will be coming after you for those debts, there is no reason why you should declare bankruptcy. If, on the other hand, you are in debt just as deep with no possible way of paying off those debts, it might be a good idea. It depends on your personal situation, not your spouse's situation. You may want to check with the bankruptcy lawyer.
