QUESTION

If I file for personal bankruptcy do I need to also file for my LLc?

Asked on May 23rd, 2014 on Bankruptcy - Florida
More details to this question:
I have heard several answers. I have been told that if I file personal, the business may then just close down as creditors will not be able to come after me and bankruptcy is not necessary. Is this true?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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It all depends on a few factors, the first being is the LLC a single member LLC, meaning you are the only owner. The next question would be is what assets does the LLC own. If you are the only owner of an LLC in the LLC has substantial asset, then the bankruptcy trustee may see those assets to cover the debts of your bankruptcy. This would most likely happen if your LLC was not your only form of income. You should speak to an experience bankruptcy lawyer. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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 LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on May 29th, 2014 at 1:25 PM

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