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If your assets include investment in a corporation that elects to be taxed as a pass through entity, under subchapter S, and there is any value there - why would you have any question that it should be used to pay your debts? If you invested and owed stock in a corporation, say Microsoft, that isn't receiving the favorable tax treatment under Sub S, should that be excluded too?

Use your assets to pay those you owe....and don't look for reasons not to! In a practical sense, a Trustee looks to see if the shares are worth anything. If the debt of the S Corp is larger than the assets, then a petitioner's attorney could argue that the S Corp has $0 in net assets. If the shares are valued, then the value could come under scrutiny. NOTE: The value of the shares is the "thrift" value of its assets, i.e. what could the assets be sold at in one day whether it be to one person or as a going out of business sale. If either argument is used, the Trustee may want to verify all debts and assets. For example, if it is a brick and mortar store, they could request copies of all due bills, copies of past tax returns and have an Appraiser come to the store to value the assets. Again, in a practical sense, this is not done often as it takes time and money to value the assets and to verify debt unless the Trustee has confidence that they can get something out of it. If there is a value, then the Petitioner would probably have to pay the Trustee the value of the shares (or have them cancelled out by exclusions which vary by State). NOTE: If the Trustee just happens to know someone who wants to buy this sort of business and you cannot come up with the funds to "buy it back", you could lose the business as the Trustee could sell the shares to the other person. Now, the Trustee is not an evil person - their job is to get as much as possible to pay back the debt that the Petitioner owes. Just do what you think is right and get an attorney to help you.

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Yes and no. Here's an example to illustrate: Let's say that you own 100 shares of XYZ Corp., which pays 50¢ per share in dividends. That means that you get $50 in dividends for your 100 shares. Now the stock splits 2-for-1. You now have 200 shares of XYZ Corp., but the dividend is now 25¢ per share. However, your total dividend for the amount of stock you own is still $50.


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