Legal Question in Bankruptcy in California

You can file as an individual, even if you are married. That being said, your husband's income and all assets belonging to you and your husband are generally going to have to be disclosed in your bankruptcy, and will be considered in determining if you qualify for chapter 7 or 13. In many instances, the business will not have to be wrapped up in the bankruptcy, however, it is an asset that you own (jointly with your mom) and if it has some liquidation value, in a chapter 7 the Trustee (the person assigned to administer your bankruptcy estate) could attempt to sell your interest in the salon to someone to raise money to pay your creditors. I have worked with several clients who own salons, and rarely do they have any value to a Chapter 7 Trustee for liquidation purposes, but your case is unique and needs to be analyzed carefully. Your first step is to call and make an appointment to meet with an experienced attorney. From that meeting, you will get a much better idea of what is involved, what potential risks a filing may involve, and most importantly, are there alternatives that might either keep you out of bankruptcy, or alternative chapters of bankruptcy that might be better suited to your needs.

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