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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 10-30-2003, 12:45 PM
whattado
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Member of LLC filing Ch. 7


What is the name of your state? CT

Okay all you savvy guys and gals! If you are a member of an LLC with nominal interest (less than 5% interest), are you considered a partner when filing Ch. 7? Do you have to answer questions 19 - 25 of the Statement of Financial Affairs? If not do you simply answer complete #13 of the Schedule B- Personal Property? The Nolo Press book doesn't address this sticky situation. I would appreciate any help with this situation. I am attempting to file Pro Se and don't want to cause any delays. I have found this forum very helpful. Please shed some light or send me to appropriate websites. By the way, all debts are personal.

Thanks
  #2  
Old 10-30-2003, 12:48 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Member of LLC filing Ch. 7


Quote:
Originally posted by whattado
What is the name of your state? CT

Okay all you savvy guys and gals! If you are a member of an LLC with nominal interest (less than 5% interest), are you considered a partner when filing Ch. 7? Do you have to answer questions 19 - 25 of the Statement of Financial Affairs? If not do you simply answer complete #13 of the Schedule B- Personal Property? The Nolo Press book doesn't address this sticky situation. I would appreciate any help with this situation. I am attempting to file Pro Se and don't want to cause any delays. I have found this forum very helpful. Please shed some light or send me to appropriate websites. By the way, all debts are personal.

Thanks
**A: you need to state your interest in the LLC and estimate the asset value and liability (if any), no matter how small.
  #3  
Old 10-30-2003, 03:39 PM
whattado
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Thanks, Home Guru.

The most crucial question for me is where do I list this information. I know that an interest in an LLC is considered personal property. Should I report it on Schedule B - Personal Property or the Statement of Financial Affairs or both? Schedule B item 13 asks you to list any interest in a partnership and itemize. The Statement of Financial Affairs asks for more indepth information, such as Tax id's and other Partners names. Just not clear on what should go where, but I don't want to leave anything to chance? Should I treat my interest as a partnership and complete the questions 19 -25 on the Financial Affairs Statement? Furthermore at the bottom of this statement, it states that you don't have to complete the questions if you are a partner of a limited partnership. It does not that in exact terms but it is my interpretation. Next question is a LLP similar to a LLC with respect to Ch. 7 bankruptcy? I know this is alot but I don't want to leave any stones unturned.
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