QUESTION

My business owes about 50k to a local union for dues & 30k to the IRS. I have about 35k in the bank but haven't paid myself in 2 months.

Asked on Jul 11th, 2016 on Bankruptcy - Illinois
More details to this question:
Can I declare bankruptcy? I formed an LLC hoping to protect myself but I'm not sure.
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1 ANSWER

Short answer: Maybe, but the effectiveness of any filing as to you or the LLC cannot be known. The $35,000 in your bank account suggests an asset filing [as this is over an Illinois exemption].  There is, however, much left unstated in your question.  Exactly who owes, for what, and over what period is important.  The income recieved and still (?) being recieved is important.  Any other debts to and property owned by the LLC or personal are also important matters to consider.  Also, there is a personal repayment option (Chapter 13) as traditional Bankruptcy (Chapter 7) may be ineffective as to the IRS.  Are the debt owed within the Chapter 13 debt limitations?  These are issues to address.  There is the question of when the LLC was formed, what assets were used, etc.  In short, a full review of your personal and LLC history is needed. What is, therefore, needed is a consultation with an experienced BK attorney.  If you do not know one, a good starting place is the local county bar association.  You can then cross-check any referral with their individual websites.  An appointment can then be made. The facts can be fully presented; options then discussed.  A determination can then be made as to if you, the LLC, or both OR neither should file for Bankruptcy (and when).  The various Chapters can then be discussed as well.
Answered on Jul 14th, 2016 at 11:40 AM

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