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 ?


Asked on 7/23/08, 12:12 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

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).

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Answered on 7/23/08, 12:15 pm
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/23/08, 1:06 pm


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