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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31603
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer Question

I indend to file chapter 13 bankruptcy tomorrow morning for 3 of my LLCs. Each holds a piece of property whcih the Bank intends to foreclose on Tuesday July 3. My modification company instructed me to file so that he could delay foreclosure, giving him time to get a meaningful modification for the LLC's. I am currently in Ft. lauderdale, FL but the property and LLC's are located currently in Georgia. I am in the process of moving them down here. I have my FL driver license and address here in Florida.

Questions: Do I have to file Bankruptcy for the LLCs in Ga?
Can I file a Chapter 13 for an LLC?
Can I file without an Attorney?
Can I file by just submitting the form B1 and B1D?
Thanks Mark
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

Do the businesses have any business operation in Florida?
Customer: replied 4 years ago.

No

Customer: replied 4 years ago.

no, other than the fact that I am the manager of the LLC's and I live in FL now.

Customer: replied 4 years ago.
I have not recieved your reply.
Expert:  Roger replied 4 years ago.
Ok. Thanks for the information.

Do I have to file Bankruptcy for the LLCs in Ga?

The bankruptcies are going to have to be filed in Ga - the state where the property is located and the state of incorporation. If your business had any operations in Fl., it would likely be possible to file in Fl., but in the instant situation, Ga. should be the filing state.

Can I file a Chapter 13 for an LLC?

No. Chapter 13 is only for individuals - no business can file chapter 13. However, the business equivalent is a chapter 11. It basically does the same thing for a business that a chapter 13 does for an individual. Here's a good outline of a chapter 11: http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter11.aspx/

Filing an 11 will delay the foreclosures and give you time to come up with a repayment plan for these debts.

Can I file without an Attorney?

No. A business entity must be represented by an attorney. If you were to file, it would be engaging in the unlawful practice of law, which carries criminal and civil penalties.

Can I file by just submitting the form B1 and B1D?

Your attorney must file a voluntary petition for chapter 11.

Let me know if you have any other questions. Thanks.
Expert:  Roger replied 4 years ago.
Hi

I'm just following up to see if you have any additional questions related to this issue.

If so, please let me know.

Thanks,

Kirk
Expert:  Roger replied 4 years ago.
Let me know if you have any additional questions. Also, please don't forget to rate my question so I may receive credit for my time assisting you. Thanks!!