Legal Question in Bankruptcy in California

differance between individuals and there business

I was involved in a chapter 11 with my ex-wife although i bankrupted nothing.It is due to discharge 9-2004. my business is in big financial trouble. i have closed yet still have the large debts and my only way out is bankrupt.

can i file chapter 11 on my business as a sole owner even with my other chapter 11 not yet discharged?


Asked on 4/06/04, 11:25 am

2 Answers from Attorneys

Gary Fraley California Bankruptcy Attorneys

Re: differance between individuals and there business

Hello there.

I am Gary Fraley, founder and owner of California Bankruptcy Attorneys. I am one

of less than 100 California State Bar Certified Bankruptcy Specialists in the state. My firm

handles clients in every bankruptcy Court in the state. You can find out more about me at

ca-bankruptcy-attorneys.com

In answer to your questions:

If your company is a corporation it is a separate entity under the law and can convert to a Chapter

7 straight bankruptcy on it�s own. If the corporation files Chapter 7 bankruptcy it does not protect

you from debts that you have guaranteed personally or your personal debts, or debts of the

corporation that you are liable for under law, such as withholdings from employee paychecks.

However, you can file Chapter 7 bankruptcy for yourself if needed.

If the business is a sole proprietorship (not a partnership or corporation)then you and the business

are one and the same entity and only one chapter 7 bankruptcy would be needed to get this

behind you.

If you would like, you can call my office at 800.675.1005 to schedule a free attorney telephone

consultation

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Answered on 4/18/04, 2:57 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: differance between individuals and there business

No. Amend the current one.

Read more
Answered on 4/06/04, 1:31 pm


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