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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33482
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Hello, can you answer the following questions concerning the

Resolved Question:

Hello, my husband and I live in Maryland. Can you answer the following two questions concerning the chapter 7 forms?


My husband and I are going to complete the bankruptcy ourselves without hiring a lawyer. I ordered the forms online and would like to at least get some assistance from an online lawyer since I am a member. I was working with someone else on justanswer who was very helpful and was willing to answer any questions I had concerning completing the forms myself and would appreciate another lawyer who is willing to do the same for me. We want to do this ourselves.


 


Question #1....


On the Voluntary Petition can you explain the box named…”Type of debtor (Form of organization)? My husband and I own an LLC computer business. All the debt we incurred with the business is credit card debt and it has our names on all the credit cards along with the business name too. This section tells me to check one of the boxes only. However, we also want to bankrupt our personal credit cards too. Which box do I check? See the following…


 


Type of Debtor (Form of Organization) (Check one box)


 


o Individual (includes Joint Debtors)


 


o Corporation (includes LLC and LLP)


 


o Partnership o Other (if debtor is not one of the above entities, check this box and provide the information requested below)


 


State type of entity________________________________________________________________________________________________________________________________________________________


 


Question 2....


My husband and I have been separated since this past October. He lives at another residence. . WE are not legally separated. He just moved out. In other words we haven’t drawn up any legal separation papers. Anyway, I ordered the forms that are needed for the bankruptcy because I wanted to see what they look like. I am still going to use the document preparation website the other lawyer suggested, but want to make sure once they prepare the forms, that they are giving me all the correct forms and not leaving any forms out. Anyway, I don’t understand a particular section on the form “Chapter 7 statement of currently monthly income and means test, part ll, box 2. I don’t understand the wording regarding the boxes. Which one do I check? See below…..


 


Marital filing status. Check the box that applies and complete the balance of this part of this statement as directed.


 


a. Unmarried. Complete only Column A ("Debtor's Income") for Lines 3-11.


 


b. Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury: "My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of 5 707(b)(2)(A) of the Bankruptcy Code." Complete only Column A ("Debtor's Income") for Lines 3-11.


 


c. Married, not filing jointly, without the declaration of separate households set out in Line 2.b above. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for Lines 3-11.


 


d. Married, filing jointly. Complete both Column A ("Debtor's Income") and Column B ("Spouse's Income") for lines 3-11.

Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

You cannot file bankruptcy for your LLC and for yourselves in the same petition. An LLC is a separate "legal person," so if you want to bankrupt the LLC, you would have to file a bankruptcy with the LLC as the debtor. The problem, however, is that because the LLC is a separate legal person, and because it is non-human, unlike you, the LLC cannot represent itself in court. So, you need to hire a lawyer to file bankruptcy for your LLC, otherwise the LLC will be unrepresented, and the court may decide to dismiss the entire bankruptcy.

So, the answer to your question here is "Individual," because that's the only bankruptcy you can file (either separate or joint-married).

Concerning question 2, the answer is "b". The reason is that you are married, but separated, and not for the reason of evading the bankruptcy laws (which means that you haven't given all of your assets to your spouse so that he can hide them, while you file for bankruptcy and get rid of all of your debts.

Hope this helps.
Customer: replied 1 year ago.

We have no debt in the business's name only. It's 4 credit cards with our names and our business name on all of them. Those credit cards are on our personal credit reports. We don't have any loans or anything taken out in the business name only. So if we file personal bankruptcy, those credit cards would be discharged with the rest of our personal credit cards wouldn't they? When we file our taxes, it's a pass through entity.

Expert:  socrateaser replied 1 year ago.
Seems to me that you don't need to file a bankruptcy for the LLC. .You can simply dissolve it using state law procedures after your personal bankruptcy is discharged.

Hope this helps.
Customer: replied 1 year ago.

So if we file personal bankruptcy and discharge those cards too and close the business at the same time, we would be OK?

Expert:  socrateaser replied 1 year ago.
That's how I would do it, if I were in your shoes (based upon what you've described).

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33482
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you

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