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I have an LLC and the department of Labor Commissioner has a…

I have an LLC...

I have an LLC and the department of Labor Commissioner has a judgement against it, since I don't have anything within the LLC but my business, I'm trying to figure out the best way to go about this. The person I dealt with at the State was trying to provide me with some advice without getting in trouble. My question, should I keep the LLC open, should I close it, or should I file bankruptcy against it?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California

Lawyer's Assistant: Has anything been filed or reported?

Just want I owe to the labor commissioner

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it

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Answered in 1 minute by:
9/5/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,787
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the judgment for?

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Customer reply replied 10 months ago
I had people working without taking out taxes so the judgement is for $80,000.

Big problem. You are going to have to settle with them. Bankruptcy will not protect you as this is considered a government debt and a debt incurred by fraud, so it is not dischargable in bankruptcy. Also, because it is a tax issue, the owner or owners of the LLC are jointly and severally personally liable for the debt if the LLC does not pay. So you can be on the hook personally for this debt if your LLC cannot pay it.

Thus, working out some type of offer in settlement with them would be in your best interests, even if it is some type of payment plan with them.

I would keep the LLC open and make some arrangements with the DOL to get a payment plan with them and perhaps a settlement.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Ok thanks, ***** *****

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,787
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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