I agree with FLAandNYLawyer that there is a co-debtor stay under 11 USC 1301, which often protects non-bankrupt co-debtors from creditors of the debtor in bankruptcy. The co-debtor stay is something that creditors can sometimes get around to continue to go after the non-bankruptcy co-debtor however, which may be what happened in your case.
For example, the co-debtor stay only applies to consumer debts, so if you incurred the debt as a part of a commercial (rather than consumer) transaction, then the co-debtor stay will not likely protect the co-debtor corporation. Also, even if the debt is consumer in nature, if the debtor does not structure his or her Chapter 13 Plan to pay the debt in full, the creditor can normally request and receive relief from the co-debtor stay to allow the creditor to still go after the non-bankrupt co-debtor.
So, in many cases in which a corporate
owner files for personal bankruptcy
, creditors will nonetheless continue to pursue the corporation.
Your question: Instead of spending money to file a chapter 7 bk on behalf of the company, can I just notify all of my creditors and file an "Article of Dissolution" since I am personally under a chapter 13?
Would this put a stop to this creditor?
Answer: It may. The creditors may continue to pursue the corporation if they think that the dissolution was improper. In other words, if the corporation has assets, those assets have to become someone else's property once the corporation ceases to exist, and creditors can object to the transfer of these corporate assets as fraudulent. So, it is often ideal to go through Ch 7 to show that there were no assets
that were improperly given to someone else and taken away as potential assets the creditors could go after (if that makes sense). Generally, if one is going to dissolve a corporation that is being chased by creditors, it may be wise to hire an expert (accountant, lawyer, etc) to do the dissolution so no one accuses you of improperly disposing of corporate assets during the dissolution. It may be the case that there are no corporate assets, but again, having the backing of an expert to make that determination is something which may convince creditors to drop it and move on.
I hope this helps and a positive feedback is always appreciated if this was useful to you.
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