Legal Question in Bankruptcy in Florida
My question involves business law in the state of: FLORIDA
Hi. I'm in the middle of a issue here. I hired a lawyer to file a
Chapter 7 of bankruptcy for my personal debts. I used to have a
corporation (just me, no employees, and just for services transactions, no
goods nor inventory). This corporation was dissolved some months ago (by
my bankruptcy attorney advice). The only debts of this corporation were
just 3 credit card, 2 of them i put my guarantee on them (they are shown
on my personal credit report). So, my attorney told me that those debts
are covered by my bankruptcy, and will be eventually dischargeable.
However, I received a letter from the remaining credit card debt (for 5
thousand $ debt), claiming this balance due or they will take actions
against the corporation. The letter only shows the Corporation name. I
noticed also that this credit card is not on my personal credit report, so
I assume that this was the only Corporate Credit card Directly issued to
the corporation.
Now my attorney says that I only hired him for personal bankruptcy. The
corporation bankruptcy is separate, so I need to PAY for that extra case.
Since I don't have more financial backups to afford another case, my
question is: will my personal bankruptcy be enough to protect me also for
this matter, even if that corporate credit card try to sue the
corporation, and then try to pass the debt over the officer of the
dicssolved corporation?
I read somewhere else, that you can't dissolve a corporation with debts
remaining in your liabilities. (I did this just for my bankruptcy attorney
advice) In this case, the most of the corporation debts were credit cards
with my personal guaranteed, but this remaining credit card is not.
So, I don't want to spend more on legal services now for the corporation
dissolved. Even I noticed that Corporations don't get discharge in
Corporate Bankruptcy. Hence They need to have its assets liquidated. But
in my case after all, this was a very small business (personal), with no
assets, no office (home based). Then, I don't see the point of justifying
another bankruptcy attorney fees for a remaining 5k debt of the
corporation.
Sorry for my english, I try to elaborate as good as I could.
Thanks for any response.
1 Answer from Attorneys
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