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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 07-20-2004, 10:30 AM
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Join Date: Jul 2004
Posts: 3

DBA Business


What is the name of your state?Ohio

Can you tell me if you file consumer bankruptcy, do you have to file on your DBA? Or can the DBA be left alone?
  #2  
Old 07-20-2004, 10:42 AM
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Join Date: Apr 2004
Location: Boston
Posts: 468
A business that is a sole proprietorship is not a separate entity. Its assets and liabilities belong to the owners individually.
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Walter Oney, Attorney at Law (Massachusetts)
Nothing in this message should be construed as legal advice or as establishing an attorney-client relationship.
  #3  
Old 07-20-2004, 11:38 AM
credit2crazed
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Speaking from experience, we are a sole proprietor business. When we went to meet with attorney he asked all about our business because a proprietor business assets, income etc. are all one. To be a truly separate entity, you probably should have formed a corporation. I want try to get into this cause taxes make my head hurt - leave that to pros.

Be prepared to state to your attorney, I am not sure about at the 341 meeting because we have not gotten that far!

1) What type business you are in?
2) Monthly Income?
3) What equipment do you have for assets purpose and whether you charged any of this equipment through a credit card or loan?
4) Show income tax papers for two years?
5) Do you have bank accounts personal and business?
6) Are you paid by cash, checks, or both?
7) How long have you been in business?
8) Value of assets?
9) Are any of the debts your filing on personal or business related?
10) What are your expenses?

If I were you and you could afford to do so, I would find a BK attorney that deals with businesses mostly and personal - make sure you let whoever you speak with know you have a business. As far as your question, you are one entity - means creditors and others will possibly go after the entire you.
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