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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 01-08-2006, 06:47 AM
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Join Date: Jan 2006
Posts: 1

HELP - can I keep my assets and LLC if I file Bankrupcy? Is this the best option?


What is the name of your state?What is the name of your state? ****land

Hi,

I am not sure if Bankrupcy is the right thing for me in my situation, or if it is even possible but here is my situation in a nutshell. I am 23 years old and I was the former CEO of dotcom/brick and mortor Corporation in Baltimore, MD. I was one of three founders of the Corporation, we had 9 employees, and were in business for 3 years before our fall in December 2005 (great timing).

Everything was going great for the first 2 1/2 years until we tried to expand rapidly, I have 6 credit cards in the Company name but my SSN which I used to pay for software, servers, employees at times, and other operational expenses.

To make a long story short, we aquired a company that had 12 locations, but before the paper work was finished we were backstabbed, and left with nothing but debt by the former owner of that company. All of our other operations had slowly come to a hault in order for us to prepare for the merger.

I now have about 80k worth of debt on my head, $25k in credit card debt, 2 car loans and 2 smaller business loans $47k (with my SSN, no banks would accept our Tax ID only had to have a personal guarantee). The rest of the debt is owed in medical bills, and utilities, rent, etc.

The only way I have been getting by is the assets I still hold on to : stocks, domain names, webpages, ebay sales, affiliate accounts. This generates me about $3k a month currently. The problem is my expenses are now out of control and well over $5k a month.

If I file for Bankrupcy is there anyway I can hold on to my assets? Some are in my old corporations Tax ID (it is being dissolved in a few weeks) Some are under my LLCs Tax ID, and some are under my personal SSN.

I hold about 100 domain names, that appraised are worth about 50k or so but they are hard to liquidate, stocks that have dropped down to basically nothing about $1500 or so, two cars (one is mine, other my gfs). And some inventory left over.

I cannot take the stress, creditors, sleepless nights anymore. I guess I am seeking some direction here more than answers to my problems.

Any suggestions? Can I hold onto my assets? Does the Corporation and my LLC (newly formed) go bankrupt if I personally declare it? Any help here would be great, I do not know what to do going forward here...THANKS
  #2  
Old 01-08-2006, 10:41 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You need a lawyer. You've got WAAYY to much going on to even attempt a BK w/o one. With all those assets you WILL lose them if you even try a Ch 7, so a Ch 13 would be the ONLY way you could keep even some of those assets. Since you personally guaranteed all the debt, you can file on all of it, but you're looking at paying back some percentage of it over 3-5 years.
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