Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist. Kirk Adams : Your new LLC would be protected from your personal debts, and any money made by it should be protected.
Kirk Adams : However, your personal liability would still exist and if the creditor were to sue and obtain a judgment, and if that happened, the creditor could seek to liquidate your interest in the LLC, which would effectively kill the business.
Kirk Adams : Th only way to get around this debt would be to file bankruptcy and have the debt discharged.
Kirk Adams : This would wipe away any old debts and give you a fresh start.
What would this put on the business equipment?
Kirk Adams : If the equiiemt was pledged as collateral, the lender would have a right to recover it under a chapter 7.
Kirk Adams : However, you could file a chapter 13 and keep the equipment.
my condo was sold last year after 2 year living there and the selling got 15k from it
Kirk Adams : You would have to establish a repayment plan to pay the debt over time, but you would have to pay the entire debt back.
in state of michigan, can filing for bankruptcy can be done anywhere in the state or have to be locally resident?
Kirk Adams : You'll have to file with the bankruptcy court that covers your area of residence.
from your stance which would be the best option.
Kirk Adams : The court may not be in your hometown, but it would be close.
Kirk Adams : That's really the only option that would help you deal with and control the situation instead of having the creditor drive things.
any advise on finding bankruptcy lawyer? and i am assuming when filing will be in public?
Kirk Adams : The filing is public record, but it won't be published in the newspaper or anywhere else.
Kirk Adams : So, it's not likely that it'll be public knowledge.
Kirk Adams : As for for finding an attorney, visit www.martindale.com and search for an attorney by location.
Kirk Adams : When you go to the site, click on "Find a Lawyer or Law Firm" and you can enter the search info there.
should that lawyer need to have specific background like business?
Kirk Adams : It's likely that any bankrupt y t
Kirk Adams : It's likely that any bankruptcy lawyer will possess this knowledge.
Kirk Adams :
Thanks for your question and please let me know if you have any additional questions.