Legal Question in Bankruptcy in California

C7 bk

If I am filing Bk as an individual, am named as several of the officers in a corp but don't own stock, are the assets tied to the corp retrievable by the trustee. (i'm the signee on Bank Acct)Not only money but a house and furnishings and play toys


Asked on 4/09/09, 8:25 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: C7 bk

You need to consult with a qualified bankruptcy attorney. The facts you give do not make sense - why is there a home, furnishings and "play toys" in a coporation? If you contributed these assets to a corporation, and you control the corporation, the Trustee can probably make an argument that the corporation is just a sham to avoid creditor attachment of assets. Who paid for these assets? Do you live in the home, and enjoy the use of the furniture and toys? Who is the obligor on the loan on the home - the corporation? You need to thoroughly review this with a consumer bankruptcy attorney because based solely on the slim fact set presented in your post, I would have to say that you have got some very serious issues with respect to potential bankruptcy fraud/abuse if you fail to list the corporation and its assets.

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Answered on 4/10/09, 12:11 pm


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