Legal Question in Bankruptcy in Georgia

bankruptcy

I filed for chapter 7 in august 2008. Since then my current business is in the process of closing due to the economy. I am one of the personal guarantors on the lease of my restaurant. Since I just filed for bankruptcy can the landlord come after me for the balance of the lease or am I in bankruptcy protection. I did not list them as creditors at the time of filing because I did not believe I was going to have to close at that time


Asked on 12/08/08, 5:36 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: bankruptcy

Your post indicates that you committed a serious crime, perjury, which is a felony and can result in consequences including jail, fines and denial of (or revocation of) a discharge. It is possible tht there is time to correct this without such consequences. Immediately get offline and call the attorney who is handling your case to see how you should amend your case to include all debts. You will owe him, and the court, additional fees assuming the case still can be amended. You should be communicating everything with him about your case.

(In your case you swore that you included all your debts, and you orally swore the same thing at your 341 meeting).

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Answered on 12/08/08, 5:47 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: bankruptcy

You were personally liable for the lease the minute you signed the guaranty and, as stated, it was a debt to be listed on your personal schedules. Not listing a creditor, in some cases, means you remain personally liable (among other consequences). Discuss with your lawyer.

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Answered on 12/08/08, 7:45 pm


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