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Question

I am thinking of declaring BK for my business.I am a dentist in NJ. I have the business listed for sale but no one is getting financing from and many are afraid to purchase. I owe BofA $169K on my bizloan. The broker is asking $225K. I have found a job working for someone else starting in Jan10. If I delare BK what can happen to me personally. I dont own a home, I rent an apartment. I own my car (a 2004 Lexus). I have a few brokerage accounts with stocks worth about $20K if I cash out today. I have no retirement. I am a 40 yr old single mom. BofA has filed a civil suit for what I owe in Oct in NJ. I can't make the payments. My office is down 60% since June09. My question is what will I lose if I declare BK. What are my options Ch11,13 etc. Which is best for me. Should I declare BK now b/c my income will go up in Jan10 when I start working again. Right now I make enough to pay my office rent, staff and overhead and a little to myself to pay my bills.

Submitted: 26 days and 10 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: New Jersey

Posted by DCrane 26 days and 10 hours ago.

Info Request

is the civil suit naming you personally or just the business?

26 days and 10 hours ago.

Reply

Sorry. it names me personally. This was a lease purchase stuctured loan which it doesn't appear on my personal credit unless I default.

Accepted Answer

Chapter 7 bankruptcy does not erase all debts. Those that cannot be erased include child support and alimony, student loans and debts incurred as the result of fraud. If you've defrauded someone and a judgment has been made against you, that won't be erased.

 

Here is a great summary on NJ chapter 7 (which is more appropriate in your case than chapter 13): http://www.njlawnet.com/njlawreview/bankruptcy-faq.html

 

 

 

 

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 10/28/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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