Legal Question in Bankruptcy in New Jersey
started a s-corp with a partner to take over an existing business . the business has defaulted in paying its debtors and a litigation may be underway. the partners signed personal guarantess. can a bankruptcy for the s-corp and personal bankruptcies relieve us of any liabilities? how long would it take for the process? before what time in the litigation process should be bankruptcies be files?
1 Answer from Attorneys
Under the bankruptcy code, a corporation which files a bankruptcy does not receive a discharge of its debts. Rather, it is simply an orderly liquidation (assuming you are not interested in a Chapter 11 reorganization). However, if the corporation does not have property or funds to pay its debts, then they are uncollectible and it really does not matter. A personal bankruptcy can relieve you of any personal liability. You should consult with a bankruptcy attorney. As for how long it will take, it depends upon what type of bankruptcy is filed. Relief is immediate, since a bankruptcy filing creates a stay of collection activities, including litigation, from the moment it is filed. If a bankruptcy is being considered, I would suggest that it be filed before judgments are entered and ideally before a lawsuit is commenced. My office is in Mt. Laurel. Feel free to call me if you would like to discuss this further.