Legal Question in Bankruptcy in Missouri
In filing Chapter 7, I own a local business that included two investors who are paid on their investment monthly or regulary. They happen to be family members. I would like to under stand if they would fall under the preferred payment in terms of creditors? I do not want the trustee to go after family nor to I want to pay the trustee on their behalf as it is a larger sum of money. They are true investors and these are not just loans from a family member.
Also, are my business assests protected if the company was incorporated and would those invested in the business be protected from the 'preferred payment'?
2 Answers from Attorneys
There are far too many factual variables to give you complete advise as to yrou particular situation. You need to discuss your situation with the attorney you select to represent you in the bankruptcy. Perhaps during the planning stages you will discover that you do not want o go chapter 7 afterall.
Good luck
I agree with Mr. Smith--there are so many variables in this that the answer is an unqualified "it depends". As a general rules, yes, dealings with insiders--which would include family members--are scrutinized more closely. But the fact that an investor was a family member does not automatically mean that the trustee would go after them or the payments. At one end of the spectrum are business dealings with strict adherence to every rule and at the other end are business dealings that are little more than schemes to shuffle nonexempt property from a debt-laden person to his relatives. And I would be surprised if the trustee did not request additional documentation to discern exactly what is going on with your particular situation.
With most bankruptcies, it's not the 341 Meeting (which many people think of as a court hearing, but it's not) that is the crux of the bankruptcy proceeding, but rather it is the process of preparing the petition that is the main part of the bankruptcy process. You can help your lawyer by providing complete documentation of all your financial matters.
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