Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I will be happy to assist you. First, you can file bankruptcy individually if married. Your Wife's debts that are solely in her name would not be discharged, and any debts you hold jointly would then be her sole responsibility.
The LLC and assets and debts owned by the LLC are not included in your personal bankruptcy, so any debt owed your company is also not included and will not be discharged. Any assets owned by the company, such as the Van, if it was purchased by the LLC would most likely not be a part of the bankruptcy.
However, your interest in the LLC is an asset of your bankruptcy estate. It will depend on the LLC's worth, the bankruptcy court is looking for assets to liquidate to pay creditors. There are also exemptions available under your state's laws, so you may be fine, but the LLC will have to be listed on your schedules. There is really no way to know without having a consultation with a bankruptcy attorney in your area.
NOTE: Your credit card debt may be outside of the statute of limitation for collection, so it may be a non-issue.
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