Legal Question in Bankruptcy in Florida

About 2 1/2 months ago, I was requested to vacate a commercial space that I was renting due to failure to pay rent as my business venture was failing due to the economy and summer time (I had a daycare center). I had made attempts to pay partial rent and come up with an arrangement to get caught up, but he refused. No legal eviction took place. The landlord asked me to vacate by a certain date, and put in writing a request for release of my lease agreement. He stated that no lawsuit would be filed if I requested the release from the lease and moved out promptly. I agreed, wrote the request for release and moved out. He was discussing a deal to get a new tenant in the space. The deal fell through and now, 2 1/2 months later, he is suing me for breech and for the remainder of the rent for the next 5 year lease (5 yr lease). I was just notified about the suit this weekend. Entered in clerk of courts on Oct. 15.

I have since started a new business (also daycare) under an LLC at a new location. If I file for bankruptcy to remove this debt, will my new business be affected? I do not own a home. I do own a car ('95 plymouth, owned, not financed or leased), but I do not have any other assets other than my business under the LLC. The lease was in my personal name - not a corporation or LLC. I don't know what to do. I don't want to lose my business. It is my only way to support my children. I am a single mother. I do not receive child support. This business is my only source of income. Is bankruptcy right for me?


Asked on 10/18/09, 6:48 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

If your new business has equity or assets, it may be at risk in bankruptcy. It's tough to say, just based on what you've written, whether bankruptcy is right for you. You should probably arrange a consultation with a local bankruptcy lawyer. These consultations are usually free.

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Answered on 10/20/09, 12:04 pm


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