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Sequence of Personal vs. Business BK

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    Sequence of Personal vs. Business BK

    OK - Unfortuantely, I need to file both personal and business BK. Business is a Subchapter S, hubby and I sole shareholders. For various reasons, I would prefer if possible to file personal BK first. However, some (most) of the business debt carries a personal guarantee.
    Does this mean that I MUST file business first?
    Thanks for any advice.

    #2
    No. You do not have to file the buiness first.

    Most of the time you do not need to file the S-corp at all - just enter the business debt on your personal Ch 7 and it will be discharged. Then you close the S Corp.

    Read this for some help: http://www.moranlaw.net/business-bankruptcy-FAQs.htm
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Thank you, starting over. Very helpful.

      Comment

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