QUESTION

How is income from LLC handled in Chp 7 or 13 personal bankruptcy? Does Subchapter S vs. have any impact on any aspect or are all LLC forms same?

Asked on Sep 05th, 2011 on Bankruptcy - South Carolina
More details to this question:
Current cash on hand, vs. A/R, vs future revenue please. Is only current cash etc included? or A/R also?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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In chapter 7 bankruptcy or chapter 13 bankruptcy, income is based on current income. Although it depends on if it's a single member LLC or a multiple member LLC how it will affect your bankruptcy filing. Is only money that would affect you personally is the subject in a chapter 7 bankruptcy or a chapter 13 bankruptcy. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Feb 20th, 2012 at 11:48 AM

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