Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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In terms of a business bankruptcy filing, was the corporation or business the only debtor, or were you personally listed as the debtor and discharging business debts?
It was an LLC, where my partner and I ( my brother) had signed personal guarantees on major loans.
So the LLC, was the debtor, and not your brother or you?
what does the 2 year window mean, it is supposed to expire this month?
I'm sorry I was cut off,
Did you receive your discharge letter?
The creditors did not come after you or your brother personally for any debts?
no, we are presently speaking to another law firm which specializes in franchise law, and she is trying to get the estate trustee lawyer to extend the protection we have, I'm just trying to get a better understanding of the whole process
There will be around a two-year wait after the Chapter 7 case was discharged prior to a lender would even look at the application for a house loan, or now unsecured or secured loan
In your case as written above, if the LLC was the debtor, only the LLC would be protected with the automatic stay,
The individuals, if not listed as debtors were not given protection witht the LLC filing,
Typically you would have the individuals file chapter 7 under their name to get rid of personal liability.
does that mean they can come after me on the loans that i signed personal guarantor, this month when window expires?
ok i understand now.
yes, in fact if you are a personal guarantor, they will come after you at any time
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