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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12400
Experience:  JD, MBA
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I am the president of a Texas corporation and I signed for

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I am the president of a Texas corporation and I signed for a loan on a multi-family complex, both as president and myself as guarantor. The corporation has not made
a profit since it first started back in 2002. Initially due to being so new and now due to excessive debt, and has never showed a profit on the IRS "paperwork" my CPA has
prepared. I have tried to keep the corporation going by making it personal loans to the point that now I am in as bad or worse situation as the corporation. I am the only
one in this corporation and am the president and secretary. My question is that now that the bank is threatening forclosure (property worth 950K+, loan bal. is approx. 850K)within the next month or so, and that "...in the event the Property is sold at foreclosure and a deficiency remains...Lender may choose to file suit to collect the deficiency, cort costs, and attorneys' fees..." should I declare the corporation and/or myself bankrupt?

Hello and thank you for allowing me the opportunity to assist you.

Question: “My question is that now that the bank is threatening forclosure (property worth 950K+, loan bal. is approx. 850K)within the next month or so, and that "...in the event the Property is sold at foreclosure and a deficiency remains...Lender may choose to file suit to collect the deficiency, cort costs, and attorneys' fees..." should I declare the corporation and/or myself bankrupt?”

Answer: I would wait until you are served with the lawsuit before filing. Based on the figures you provided there may not be a deficiency (though sales at auctions always bring less than market value). And even if there is a deficiency, it’s possible the lender will not bother suing if it believes that you have no realistic chance of repaying, and bankruptcy is apparent. It would ultimately be a waste of attorney’s fees.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 8 years ago.
Thank you for your response. One more question as follow-up to your response, if I wait until I get sued either personally and/or together with my corporation, it won't be too late to file bankruptcy at that point?

Hi again.

Question: “One more question as follow-up to your response, if I wait until I get sued either personally and/or together with my corporation, it won't be too late to file bankruptcy at that point?”

Answer: No, it’s not too late. If you filed for bankruptcy protection right after being sued, but before completion of the trial, then the lawsuit would have to be dismissed and the debt would be discharged. If you filed for bankruptcy protection after the creditor obtains a judgment, then the judgment would be discharged. Generally speaking, it’s never too late to file for bankruptcy protection since a bankruptcy discharges all debt (with some exceptions), whether from a defaulted loan, judgment, etc.

Feel free to ask for further clarification if you'd like.

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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