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    Intellectual Property

    Hi,

    I'm new to this forum, but have been reading up on bankruptcy stuff and reading a lot of your posts. I have read a lot about assets like houses, cars, and boats, but nothing about intellectual property.

    I am thinking about a Chapter 7 bankruptcy (lots of debt, not much income, not much in the way of assets) but am kind of stuck on a potential asset. I am sole proprietor of a small business and have some intellectual property that is really important to my work and which I sometimes sell it to clients as an "add on" to other services. It's not likely that this property would have any value to anyone other than to me or to clients already working with me. No one could ever just turn around and sell this. It has to be bundled with one of my other services in order to have any use or value.

    I am really concerned that in a bankruptcy I would have to declare this property as an asset. Although it wouldn't likely have much value to anyone else, it has enormous value to me and so don't want to do anything that may risk losing it.

    As far as the financial value of the property is, I could tell you what I sell it for, but I spent so, so much money in the development of it that I haven't even begun to recover my investment.

    I'd rather not file than risk losing this property--it's important to my work and close to my heart. However, if there is a way to disclose it and still hang on to it, I'd rather go that route.

    Does anyone have any advice for me. THANKS.

    #2
    Is this intellectual property registered or licensed (copyrights, trademarks, patents, etc)? Does it have any standalone (without you) value at all?
    Filed Chapter 7: 06/09/09
    341 Meeting: 07/16/09
    Discharged: 09/21/09
    Case Closed: 09/25/09

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      #3
      Haven't yet done the work to submit to the copyright office, but need to. It could, potentially have a stand-alone value to someone whose professional background is very similar to mine and who was willing to go broke marketing.

      Comment


        #4
        Really need talk with a good attorney that is familiar with business. But my guess is that as long as your intellectual property is off the books or just in your head that it has no tangible value at this point. Once you get it registered it would open up a whole set of new problems.
        Filed Chapter 7: 06/09/09
        341 Meeting: 07/16/09
        Discharged: 09/21/09
        Case Closed: 09/25/09

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          #5
          Wow-could it be that my procrastination turned out to be a Good Thing?? Thanks. I think the real value would be very tough to determine.

          Comment


            #6
            Still should talk with a lawyer... but ya it would be like them trying to pull a good idea out of your head and place a value on it. Just isn't going to fly.
            Filed Chapter 7: 06/09/09
            341 Meeting: 07/16/09
            Discharged: 09/21/09
            Case Closed: 09/25/09

            Comment


              #7
              yup. i'll do that. thanks

              Comment


                #8
                if this add-on is already published or made in some form, then it's already copyrighted.
                Read the Blog: My Personal Experience With Bankruptcy

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                  #9
                  It's in DVD format. I'll bring the whole topic up with my lawyer next week and see what he has to say.

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