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Chapter 7 and business accounts

Submitted by alias1958 on Fri, 06/20/2008 - 09:18
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Does anyone know whether filing chapter 7 bk as an individual covers business debts incurred as a sole proprietor? My husband and I are getting all of our information together to meet with an attorney regarding chapter 7. My husband has a business line of credit ($5000) and a business credit card ($2000). Both accounts were opened under a business name, with my husband as the sole proprietor. So if he files bk, will the business debts be able to be included in the bk? Or will the business also have to file bk separately?


I would think that since it was a sole proprietorship, then yes. All the business assets are his personally, and so are all the business liabilities.

On the BK petition, he will list all of his personal & business assets; and he will include all creditors including the business debts. I think there are other questions he has to answer that pertain specifically to your own business.

If the business had a lot of property, the trustee could want to sell it. Otherwise, the case will get discharged like any other bankruptcy, and they cannot come after your husband personally for the debts.


Submitted by DebtCruncher on Fri, 06/20/2008 - 18:33

DebtCruncher

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which is my best option of bankruptcy if my income is from my small business incorporated?
I can lose my business if I file Chapter 7 bankruptcy individual?
If I file in chapter 7 . can I get the debts of the business?


Submitted by on Tue, 03/03/2009 - 14:23

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I have one CC under my "business name" but I am actually a nail technician in a beauty shop. No separate business. I have never actually used the card in any kind of transaction, I did a balance transfer and then never used the card again. I wondered also about the whole personal/business debt and BK. They actually called and said they were going to go after my business license since it is a business account. Ever heard of that?


Submitted by on Thu, 03/05/2009 - 12:52

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