Was the money that you owe or owed to the holding company secured by the business?
In other words, did your agreement with the holding company state that if you did not pay the money to them, that they could then take back the business?
no doesn't say anything one way or the other just I will pay them back at 2% of sales monthly
Given the information your provided, and assuming you received a discharge (closing does not mean discharge), your debt to this company was discarged in your Bankruptcy.
I misspelled discharge in the last sentence.
even though it listed him and not the company on the discharge
Did the Bankrutpcy trustee take any assets from you when you filed your Bankruptcy?
When a Bankruptcy is filed and there are no assets, all the debtor's debts are discharged - whether or not they were listed in the Bankruptcy.
This means it does not matter that you did not list the company name.
And even if you have not listed the owner's name either - that debt was discharged.
One last ?. My holding company bought the company and owed their holding company - I personalty file - not my company
If your company owed the money, why did you include this debt in your personal Bankruptcy?
What business form is your company - corporation, sole proprietorship, etc.?
Since you listed this debt in your personal Bankruptcy, only your personal liability to pay the debt was discharged.
Your LLC's debt could not be discharged in your personal Bankruptcy.
so my holding company still owes the $$
This means your LLC still owes this debt.
Yes - your holding company still owes the debt.
thanks then I will pay
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).