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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a sole proprietor business with business and personal

Resolved Question:

I have a sole proprietor business with business and personal debts (some mixed together) I was wondering if I should file a business or a personal bankruptcy. Can I file by myself or does my husband have to join in? Thank you.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

In order to get rid of the personal and business debts, you'll have to file bankruptcy individually and for the business.


Your spouse doesn't have to file, but any debts she has (individually or jointly with you) will not be discharged - she'll still owe them.



Customer: replied 7 years ago.
Just a clarification - I would have to file TWO bankruptcies - correct? One for the business and one personal?
Expert:  Roger replied 7 years ago.

No, not necessarily.


If your business is not incorporated (Inc., LLC, etc.), you can file one bankruptcy as XXXXX XXXXX, Individually and dba Smith Company.




Customer: replied 7 years ago.
Great thank you very much
Expert:  Roger replied 7 years ago.
Sure, good luck.
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