Legal Question in Bankruptcy in California
Ch 7 Bancrupty - Busuiness Assets
Thinking of filing Ch 7 in CA. Income wise, I am below poverty line (according to tax filings for 3 yrs strait). Asset wise, I have 2 15 yr old beaters worth $1K, but I DO have a software business, which makes very little net wise, but I don't want my adversary getting equity in it (IP, Domain name, Trademarks, that kind of thing). Should I still consider filing or am I putting my business at risk ?
2 Answers from Attorneys
Re: Ch 7 Bancrupty - Busuiness Assets
It depends partially on whether your business is a corporation, partnership, or a dba, but either your interest in the business is an asset, or the assets themselves are your assets which would either need to be exempted in a bankruptcy case or you would lose them. It all depends on the valuations as to whether or not you have sufficient exemptions under california law to protect them (or your interest in them).
Re: Ch 7 Bancrupty - Busuiness Assets
You will need to consult with a local bankruptcy attorney before you can reach a conclusion as to this question. There are a lot of factors that need to be analyzed - what is the structure of the company, and its ownership, what is the true value of the company, etc... I'd suggest contacting a local bankruptcy attorney before evaluating this decision any further.
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