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?
2 Answers from 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
Re: differance between individuals and there business
No. Amend the current one.