Legal Question in Bankruptcy in California

dissolution of a corporation

Hello

I own 100% shares of a c Corporation, that has also 2 other different businesses, I closed all 3 businesses few days ago, but since business was very bad i had to boeeow abou $140.000 including line of credit on my house and the rest were c.cards some under my personal name and some under the corp. Question is:

If I file for bankruptcy what would be the worst case scenario, in effecting my own personal name?

Please advise

Joe


Asked on 7/21/09, 4:40 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: dissolution of a corporation

You've got some issues for sure. First, the corporation can file bankruptcy, but unless it has assets to liquidate, or is an ongoing business that could generate income to fund a repayment plan, there might not be much sense in pursuing a corporate bankruptcy proceeding. As to the personal debt, you may be eligible to file bankruptcy personally, and discharge the personal obligations except your line of credit on your home. If you intend to keep the home, its almost certain that you will have to continue repaying that debt. I would suggest that you meet with a bankruptcy attorney to discuss in more detail your entire situation - its too complex to resolve on this forum, and most bankruptcy attorneys will provide you with a free initial consultation.

*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 7/21/09, 5:02 pm


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