Legal Question in Bankruptcy in California

which to do chapter 7, 11 or 13? Business failing and personal guarantee on lease of business. First and second mortage put the house underwater, but do have a job.


Asked on 9/08/10, 1:36 pm

3 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

The scope of the question requires legal consultation. It would behoove you to consult with a bankruptcy attorney in your area.

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Answered on 9/13/10, 1:42 pm
David Gibbs The Gibbs Law Firm, APC

I have to concur with Mr. Abrams - the decision as to whether to file bankruptcy, or if so, what chapter under which to file is a very complex one requiring a lot more facts than you have provided. Find an experienced bankruptcy attorney in your area, and take advantage of the fact that most offer a free, initial consultation. Do be sure, however, to deal with both the business and the personal obligations when doing this. Unfortunately, some lesser-skilled attorneys sometimes gloss over the issues related to the business and debt that may belong to both the business and you personally. I wish you good luck, and please know that there are literally hundreds of thousands of individuals who, like yourself, find themselves swallowed up by this economy.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 9/13/10, 2:03 pm


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