Legal Question in Business Law in California
I have a corporation that I want to dissolve because I am not doing business under the corporation anymore. However, I may have to file bankruptcy for the corporation. Not sure at this time. I would like to dissolve the corporation this year so I would not have to file 2011 income taxes on it. Should I wait to see if I need to file bankruptcy first or is it OK to dissolve the corporation first and possibly have to file bankruptcy later?
1 Answer from Attorneys
You cannot bankrupt a dissolved corporation. Not sure what you would be waiting to see. If the corporation is going out of business, or is out of business, there is no reason for a corporate bankruptcy. I am not a bankruptcy specialist, but I'm 99% sure that because corporations can cease business, liquidate their assets and pay off the creditors to whatever extent the assets allow, there is no equivalent of a Chapter 7 bankruptcy for corporations. You only bankrupt a corporation that wants to reorganize its debts and continue in business. Double check with a bankruptcy specialist, but I'm very sure your solution is to liqidate any remaining assets owned by the corporation, distribute the proceeds to the creditors, and then dissolve the corporation.
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