QUESTION
after you file bankruptcy, can a bank sue you or your LLC?
Asked on Jun 12th, 2012 on Bankruptcy - Missouri
More details to this question:
I own a small LLC (100% owner) with 6 employees.
I personally filed for BK the day before the rental we own was to go to foreclosure.
I am wondering what kind of actions the lender can take against me or more importantly, my LLC.
the LLC does not have any assets (we do have computers), we dont own a building, we have no trademarks, patents, etc., we are a 100% service business.
we have about $20,000 in the bank account, but its not all profit, some of that will be used for the next payroll.
I am wondering if the lender can sue me, sue the LLC, or what they can do.
any answers would be appreciated.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Insufficient information to answer your question. Who is "the lender"? Is this a creditor of yours individually, or of the LLC? Was this debt in existence prior to you filing your Chapter 7 case?
If the debt was discharged in your bankruptcy case and you received a discharge, then the creditor cannot sue you personally. If your LLC owes money or otherwise has liability to the creditor, then they obviously can sue the LLC.
I cannot really answer further with the facts as given.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Jun 12th, 2012 at 6:45 PM