QUESTION

Buisiness Bankruptcy

Asked on Aug 31st, 2015 on Bankruptcy - Illinois
More details to this question:
I signed for two new auto leases last year for a business i was involved in. I drive one vehicle and the other is being used for the business. Both leases were signed by me using my SS but they are in the companies name under their tax ID #. The business is planning on filing bankruptcy in the next couple months. I do not want my credit to be affected because they stop paying for the one vehicle payments during the bankruptcy. How is my credit affected if the leases are under the companies name but using my credit? How will this affect me? Thanks!
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1 ANSWER

The key is you "signed for two new auto leases."  You should (or, better, have an attorney) review those documents.  It is likely that you are either the Maker of the loans or the Co-maker/guarantor of the Loans.  The documents would show the answer. If we presume that you, too, are personally liable, that means that any BK7 filed by the business would leave only you are the party liable for payments and any Defendant for monies due.  There may be a BK11 contemplated and the liens may be paid [as the question did not state whether the business was being shut-down or reorganized].  This is something that also needs to be discussed with the business. As to your credit, that will be adversely affected.  It may be nominal as merely related to a BK filing or it may be worse.  If no payments are made, the vehicle can be repossessed and any deficiency will ultimately result in a Judgment against you.  Repayment can be compelled via wage deduction or bank accounts seized.  This would have both a direct impact on your credit rating and an indirect impact by rendering you unable to pay other obligations. A conference with an attorney is in order.  You need to determine your initial liability and a strategy for minimizing this effect.  It may be that a return is in order.  A payment from the business (or you) may be required.  Also, a BK7 or BK13 for you may be the result.  Accordingly, you need to have all this reviewed by an attorney.        
Answered on Sep 01st, 2015 at 12:25 PM

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