Legal Question in Bankruptcy in California

Business Owner

Received notification of Chapter 7 for individual, however,

our records are under company that he owns. Does Chapter 7

cover the business owned by the individual or just debts incurred by the individual and not the company?


Asked on 12/16/03, 4:38 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Business Owner

If the company were a fictitious business, you should bring that matter to the attention of the trustee handling the case. The business might have some assets that can be liquidated and the proceeds distributed to creditors. If it were a corporation or limited liability company, the personal bankruptcy would not affect that, although the debtor should disclose his/her interest in the company and place a value on that interest which might also be liquidated, depending on exemptions. You might want to ask those questions at the meeting of creditors.

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Answered on 12/16/03, 7:19 pm


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