QUESTION

Can filing bankruptcy affect my future business and what about divorce?

Asked on Aug 27th, 2011 on Business Law - New Hampshire
More details to this question:
My partner and I are getting ready to open an online-based business. We don''t expect to make much profit at first, if anything for awhile. I am personally filing bankruptcy (before we open the business). Being that there is a six month period following filing for creditors to try and collect debts, can our LLC be attacked for my personal debt? We are also curious is one of us ever divorce, can our LLC be harmed in any way as far as divorce proceedings; could the spouse go after our business?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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If you own the LLC at the time of the bankruptcy filing, or if you use pre-bankruptcy-petition assets to fund your investment in the LLC, your membership interest in the LLC may be subject to the claims of creditors. It is not correct that "there is a six month period" for creditors to collect debts. You need to consult with a bankruptcy attorney and make sure that your bankruptcy plans and your new business plans will work together. You seem to have some confusion about how the process works, and an attorney can help you understand what is possible and what is not. As a general matter, the LLC membership interests of one party to a divorce are subject to equitable distribution in the divorce proceeding, just as any stocks, bonds, or other financial assets would be. The rights of the spouse are generally limited to the LLC membership interest (i.e., she cannot attempt to obtain the assets of the business directly, absent unusual circumstances). Again, a visit with an attorney can help you understand how this works.
Answered on Aug 27th, 2011 at 5:40 PM

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