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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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After getting laid off early last year, I formed an LLC partnership

Customer Question

After getting laid off early last year, I formed an LLC partnership last year in which I am the majority owner but do have partners. I had a judgement for one of the cards and they just did an "execution judgement" and took the last $400 I had in my personal acct. Our LLC account is at the same bank as the personal acct. Can an "execution judgement" be used against the LLC account?   I just received a significant business loan through a private quasi-government agency (regardless of my credit) which we had to sign everything away for in case of default (but I have no 401k or house equity left). I am also pondering personal bankruptcy due to credit card debt ($18K) incurred independent of the LLC. It took a lot longer then expected to get the loan and it has left me between a rock and a hard place. The LLC will not be generating income for another 4 months. I also kept the company legal plan and will use it next week but am looking for some guidance to start off. Thanks!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

The judgment cannot attach directly to LLC bank account since the LLC is a separate legal entity. However, your ownership interest in the LLC is considered personal property to which the judgment could attach.

 

As of 10/2007 Connecticut had the exemptions listed at the link below:

 

http://www.naldp.org/download/exemptions/Connecticut%20EXEMPTIONS.pdf

 

 

The assets listed there would be exempt from being attached by a judgment. After the 2005 BK law changes, it is difficult to qualify for Chapter 7 bankruptcy, however, since you have not had income for some time, you may still be able to. Under a chapter 7 BK, however, you go through a liquidation that will wipe out your debts, but it will also force you to give up your non-exempt personal property. So, the better alternative may be a chpater 13 plan where you work out a payment arrangement with your creditors over the next 3-5 years and get your unsecured debts and some secured debts reduced.

 

The thing that you may want to look into is that the loans you have personally guaranteed may have a provision in them that says that they become immediately due if you file BK. Then BK would not be a good idea. Please click "ACCEPT" so I can get credit for my work. We can continue our conversation after this at no additional charge.

 

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for the answer.
Expert:  Maverick replied 5 years ago.
Sure.
Customer: replied 5 years ago.
Thanks for the answer. I have another question, I am also newly married, my wife was not on the account for any of the aformentioned credit cards. Can they attempt to attatch her back account? I am not listed on her account, but she was listed on my personal account.
Expert:  Maverick replied 5 years ago.
Assuming that all the debts on the cards were accrued before you got married, then they will most probably be treated a your separate debt and thus not having anything to do with the marriage. Thus, they will not be able to attach her separate bank account. Usually they can garnish at least 1/2 of any account where you and she are listed together. HOwever, the laws vary from state to state and the exact type of joint account that you have together.
Customer: replied 5 years ago.
Thanks for the peace of mind and have a great holiday weekend.
Expert:  Maverick replied 5 years ago.
Happy 4th to you too!

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