Legal Question in Bankruptcy in New York

is bankruptcy my option

hi

I owned a business couple of years ago. I just walked away from my business because my dad grew a brain tumor and he passed away. I never got to legally close my corporation. Most of the taxes for that period were not filled. I owe the state over $16000. My taxes haven't been filled because i don't have any money. I am working as a sales rep with 100% comission. Some weeks my pay check is over $800 and some weeks it's not even a $100. Now NY state is taking garnishments out of my pay check which is 10% of my paycheck. I also owe over $30,000 to different credit card companies. Can you please tell me what are my options. Keyword( i am broke)


Asked on 5/10/06, 11:16 am

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: is bankruptcy my option

Please contact my office to set up an appointment to discuss your matter. There are a LOT of issues in your case: it's far too complex to go through in a useful way on a bbs.

Based on what little I know of your situation at this point, it sounds like bankruptcy may well be a viable (perhaps even the best) option for you; however, there may be other options open to you as well.

You need a lawyer to sit down with you and analyze your situation fully.

Best regards, Nancy Delain

THE INFORMATION GIVEN HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR ADVICE SPECIFIC TO YOUR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 5/10/06, 2:22 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: is bankruptcy my option

Bankruptcy will not help you with the state taxes. However, examination of the corporate documents might be helpful. If you are not a principle of the corporation, you might not be responsible for the taxes.

Merely taking over during your father's illness for a short period of time and inheritance of his interest are not enough to make you liable.

The credit card debt is different. That can be dismissed by bankruptcy. But 30T might be manageable.

I think the best bet is to look into your actual responsibility for the corporate taxes.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 5/10/06, 2:47 pm


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