Legal Question in Bankruptcy in Pennsylvania

Personal & Business Bankrupty Question

Due to a significant reduction in revenue from our business (LLC), we are behind on bills and unable to make credit payments on both business and personal accounts. How would bankruptcy filing work in this situation and what assets (home & 1 business vehicle, 1 personal vehicle) would we be able to keep?


Asked on 9/18/08, 2:15 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Personal & Business Bankrupty Question

When you are in a situation in which it is difficult or impossible to repay your debts, you have several options. One is to negotiate with your creditors. However, that is time consuming, uncertain and possibly pointless if you do not have the ability to pay them. The second option is to ignore the debt. The creditors will hassle you, possibly sue you and could seize your assets and bank accounts. The third option is bankruptcy.

There are two types of bankruptcies for consumers, Chapter 7 and 13. The former is generally for those who simply require the elimination of unsecured debt such as credit cards. The latter is generally for those who have fallen behind in secured debt such as a mortgage. Chapter 13 allows you to repay any arrears over five years.

In each case, the filing of the bankruptcy creates what is known as an automatic stay. That prevents any creditor from taking any action whatsoever. They cannot call you, write you or sue you. Moreover, once we are retained, you can tell anyone who contacts you to contact us and that should provide you with some relief. Ultimately, when you receive a discharge order, the automatic stay becomes permanent.

Rest assured, I will provide you with clear and simple advice and information. If you call me and reach my voice mail, please feel free to leave a message as all calls are confidential.

Please contact me at your convenience.

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Answered on 9/18/08, 2:48 pm


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