Your corporation will not be included in your chapter 7 bankruptcy. However, your ownership interest in the corporation is included as an asset in your chapter 7 case. The only way to protect this asset is to not have it when you file. For instance, if you own 100% of the stock of the corporation, then the bankruptcy trustee will have the authority to exercise 100% control of the corporation. The trustee can decide to liquidate the corporation if there is equity in the corporation, distribute the liquidated proceeds into your bankruptcy case and distribute those proceeds to your creditors. You must disclose in your statement of affairs the transfer of any asset within the 2 period prior to filing. The trustee will have the option of seeking a turnover of that asset to the bankruptcy estate. It is important to evaluate this situation prior to filing the bankruptcy case. However, you can not just hide or give away your ownership interest.
Answered on Apr 20th, 2012 at 2:00 PM