QUESTION

How to protect my corp in a chapter 7 personal bankruptcy?

Asked on Apr 19th, 2012 on Bankruptcy - Florida
More details to this question:
How can I protect my corp in a personal bankruptcy and why can it be touched if it is a separate entity? Thanks
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3 ANSWERS

Burton J. Green
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

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Norman Linder Hull
Your interest in a corporation is part of your bankruptcy estate in a personal Chapter 7.
Answered on Apr 20th, 2012 at 1:53 PM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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You are the owner of the shares of stock in the corporation. Your shares of stock are an asset that the chapter 7 trustee can take from you and sell. You should consult an attorney more on this issue and consider a possible chapter 13 bankruptcy. In a chapter 13 the trustee does not sell your assets.
Answered on Apr 20th, 2012 at 1:50 PM

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