Bankruptcy Forum

business vs personal

kingofspades
11-05-2009, 10:52 AM
I have a business that is going under. Me and my buddy started it over 6 years ago. Its a corporation. My question is, can I just BK the business, or does that fall under my personal as well. If I am just able to BK the business, what determines personal form business. If I pull my credit report does that determine what is all in my name and the rest falls under the corporate umbrella?

Thank you

BKOnce
11-05-2009, 10:59 AM
Corporation = Business BK, LLC/Sole = Personal BK

frogger
11-06-2009, 04:35 AM
You probably signed personal guarantees for anything the business owes, so you will probably have to file personal bk.

StartingOver08
11-06-2009, 05:58 AM
There is a very good link to an article/website by Moran Law tohelp you answer this question: http://www.moranlaw.net/struggling.htm

HHM
11-06-2009, 06:34 AM
You normally would not BK the business, but simply stop operating and allow it to die. As was mentioned, most (read ALL) the debts are fundamentally in your name personally; so you would do a personal BK.