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?


Asked on 4/24/10, 8:55 am

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

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.

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Answered on 4/29/10, 12:14 pm


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