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Personal BK chapter 7 with a business

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    Personal BK chapter 7 with a business

    My husband and I have finally decided it's time to file for bankruptcy. We've hired an attorney we both feel comfortable with.

    We are passing the means test (phase II) and she is going to file chapter 7.

    Most of the debt is from business expenses that we placed on personal credit cards. I kept thinking that we can make the payments if I kept working hard at building the business. This economy is making it very hard to do that! And to add fuel to the fire, DH had to take a lesser paying position.

    Now, we have just enough to cover our basic living expenses (food, housing, utilities, etc) Business nor I have been making money since April 10, (it's a school program and only generates money during the school year)

    Now that school is back, I have made commitments for fall programming and money is coming in. However, that money is going towards operating expenses for the next 3 months.

    the lawyer wants me to drain my business account of cash before she files. What do I need to do with the cash so the trustee doesn't get to it? That money is earmarked for rent, payroll, supplies, taxes until December. I can't technically spend it, i don't want the trustee to get to it (so I don't get caught with no money to pay those expenses). Money only comes in during September and January and was not managed properly at the end of the revenue cycle to pay for the operating expenses - hence it was charged to make it to the next month.

    Thanks for any advice!

    #2
    Can you pay rent in advance? Can you create a payroll trust account to fund in advance and automatically disburse on XX dates?

    Just some random thoughts.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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      #3
      I can pay rent in advance; but its the payroll thing that's getting me. What/how do i setup a payroll trust account ? Waiting on word from my lawyer as to what I need to do too. Can I get a 'cash advance' on the business account and just stick it in my mattress and then redeposit funds as needed ?

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        #4
        Hi gamama,

        earmarked for rent, payroll, supplies, taxes Ask your attorney if the payroll and taxes can be exempted, thought I saw somewhere they could but each state is different.
        The another thing to ask your attorney about is filing single and what happens to joint accts.

        Hope this goes well for you,

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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          #5
          Thanks for the info on exempting the payroll. I have to estimate payroll over a 3 month period. The payroll does not include my pay - which is nothing.

          As far as filing single with joint accounts - all our personal credit cards are joint. So, we are both in on this with about 75k in cc debt - some of that debt was payroll too!

          i'm planning on closing out business in Jan, but I made commitments in April to have fall programming so i have to move forward.

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            #6
            I also did a google search on payroll trust accounts. That appears to be a debit card that I load with payroll funds. That won't work, as I have to estimate the payroll out 3 months AND the pay is for part-time work and changes.

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