Legal Question in Business Law in Florida

Can a dissolved Corp file bankruptcy?

My husband owned a small business that was incorporated. The company was not making enough money and my husband has since gotten another job. The corp was in business for 2 years and was officially dissolved by the state in Sept/07 (and has not incurred any new debt since June/07). The company incurred some debt prior accummulating to $11,000. He has gone to see a bankruptcy lawyer (although I think he mainly handles personal bankruptcy) and the lawyer said he would have to reinstate the business in order to file. That would cost about $800. I was wondering if there were other options. I'm not sure if the agreements my husband signed made him personally liable for the debt. Are most companies willling to work with you or agree to wipe out the debt if there is no chance of repay?


Asked on 10/06/07, 9:47 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Can a dissolved Corp file bankruptcy?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If your husband's business was incorporated when the debts were incurred, and all of the debt was in the name of the business and not personally guaranteed by him, then there is probably no reason to worry about filing for bankruptcy. You need to meet with a good attorney who can review the matter and determine whether or not there was any personal liaibility before incurring a substantial obligation for reinstating the corporation and filing for bankruptcy. Most people simply let the corporation die and the debt goes with it if they are not personally obligated.

Scott R. Jay, Esq.

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Answered on 10/07/07, 10:04 pm


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