QUESTION

How is my LLC assets and debts handled in consumer Chp 7 or 13? What steps should I take before filing?

Asked on Sep 05th, 2011 on Bankruptcy - South Carolina
More details to this question:
Main source of income, $7k/mo gross, assets, $19k vehicle, $2k furnishings, $18k debt. Ongoing. We are $170k in debt, on CC, LOC, and RE, House, rental condo $750/mo, and land are all underwater so we can''t unwind. -$3k/mo cash flow.
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1 ANSWER

William/J Joanis
FInd a good lawyer before doing anything else.  If you transfer assets, or take other steps, the actions you take can backfire horribly.  Make sure you go to a lawyer who handles more sophisticated personal cases, not a place that handles hundreds or thousands of cases a year.  Every cent you pay for a good lawyer in this situation is worth it.  DOing it your self could cost you tens of thousands of dollars. Now as to the LLC, it is treated for many purposes for what it is, an asset you own, just like your ownership of stock in, say AT&T.  The LLC has a net value, which is positive or negative.  Your chapter 7 or 13 is not a bankruptcy of the LLC, so its debts are not affected.   Get your financial information together, make sure you have copies of your last two years of filed income tax returns, copies of your checking account records, pay checks, or other evidence of income for the past six months.  Make copies of your mortgages, mortgage statements, and appraisals, or other backup for the items in your question.   But, first and foremost, find a good lawyer you trust.   Good luck.
Answered on Sep 05th, 2011 at 12:35 PM

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