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    Old and New Business Question

    I'm looking at filing chapter 7 sometime in the next few months, probably by May or June. This is all non-consumer debt that I accumulated while running my business over the past 9 years. At first, I was set on filing Chapter 13, but I think that would be foolish, because while the business is still bringing in SOME money, it has been in steady decline over the past several years. A Chapter 13 would most likely not work, and from everything I've read, if you can do a 7, in most cases - you take that 7.

    My question is two-fold - my business has been my income over these past 9 years. I'm considering starting a new "business" which will be basically selling handmade items to order on ebay. All items will be custom made, thus, there will be no inventory - I'll be using my computer and some small raw materials (not very cost intensive).

    I want to start this ASAP, so I can see if I can really support myself doing it. I'd hate to file 7, try this, fail, and then be screwed.

    Since all it will really be (to begin with anyway) is a basic Ebay account, should I have any problems? It's really not an asset - I am the asset really. As I said, I will need my computer, as well as my printer and some supplies to get going, so hopefully I can protect those items in the chapter 7. Later - as in AFTER I file, I would like to expand into having my own website etc. & maybe incorporate, which is where I think I might have a slight problem, but I think if I just do the same type thing, but under a new and unique name not associated with my ebay profile, I should be OK?

    The second part of my question is my existing business - I'm told the trustee may want nothing to do with my existing inventory of t-shirts and novelty items. I'm not sure I want anything further to do with them to be honest. I'm not even sure I would entertain buying the stuff back, so short of abandonment, I'm fully prepared to just let it all go. Anyway, I was thinking I could probably lower my prices to generate some sales, and clear out some stuff before I file. I guess you could call it a fire sale, but I'm not planning on giving the stuff away. The prices won't be anything that can be considered out of line with what others are selling things for on sale, or on ebay, but they will be cheap. I'm not paying my CC bills (of course), so would it be a problem for me to draw that money out, pay my legal expenses, and possibly pre-pay some other stuff (insurance, heating oil, maybe some secured debt)?

    I'm not thinking either of these should give me serious problems, but I always like to check with the experts!

    #2
    You should have no problem at all selling your ebay items, even if you fire sale the items, and use the funds to pay your BK attorney and living expenses. You are allowed to spend your funds on attorney fees, bk filing fees, IRS, and living expenses and it will not raise an eyebrow. Just keep track of the funds in case the Trustee wants to know the disposition of your inventory. Of course, don't go out and buy a luxury item! As to prepaying an item...I think it really depends on what item you plan to pre-pay. Give us your plan and those on the forum may be able to tell you which items are not suitable. Your attorney can definately tell you what is not suitable for pre-payment.


    IMO your idea of testing the waters with your new business before filing is a sound one.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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