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    Business or personal debt?

    Hello all. I've been on this site for quite some time now as I knew that one day we would end up having to file BK. This site is wonderful!

    The time for us to file has come! I found out that one of our creditors has filed a lawsuit against my husband. It was just filed on 4/20/11. He has not been served yet. although I expect that he will be served some time this week.

    We plan on filing a Chapter 7, and I plan on filing pro se. We met with an attorney back in 2008 and I decided then that I would go pro se. I am a paralegal and I know that the paralegals are the ones that actually prepare the petitions, so I can do this!

    I do plan on meeting with another attorney, just to get some answers on questions that I have, but I figured I'd ask here too!

    Way back when, probably around 2004 or so, my husband and I got into the real estate market, buying and selling property. All of the properties that we could not sell have since gone into foreclosure, most over 2 years ago. Upon our accountant's advice, we formed a corporation for tax purposes. Again, this was back in 2004/2005. The corporation was dissolved in 2007/2008. Some, (I'd say 2 or 3 credit cards) were in the corporation's name, however, either mine and/or my husband's social security number was used to actually get us the credit, as the corporation had recently been formed at that time.

    My question is, do I list these debts as personal or business debts? These 2 or 3 credit cards are the only debts that were in the business' name, guaranteed by our credit. Now with all the interest, fees, etc., that have accumulated over the past few years, I think the total of these 2 or 3 cards is about $25k. There is nothing else that the corporation owned, and no other business debt. Other than these, all our other debt is personal debt, with a big chunk of real estate/foreclosure debt. The cards were in all likelihood used for both business and personal use, and it has been almost 3 years since the credit cards were used.

    Thanks in advance for your help!

    #2
    Most likely business debts. The issue is how you claimed the intent of the loan for the mortgage. If you said the mortgage was for primary residence (owner occupied), then it is consumer debt). If not, then it is business debt.

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      #3
      Thanks for your response.

      Would the business debt just be included in our Chpt 7 petition as such? I have not yet begun researching the forms yet, so I do not know if there is a section in the petition to list business debts.

      Re: the mortgages, one was our personal home in FL that went into foreclosure because we could not sell it and we had already moved to GA. The other 3 properties were rentals, but I believe the rule at the time (to qualify for a lower rate on the mortgages) was that if the property was more than 50 miles from your current residence that it could be purchased as a second home. At least one of the properties was purchased in this manner, and the others were rentals, however they were in my personal name.

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        #4
        We included every business debt in our personal Ch.7.
        Filed Ch. 7 on 3/9/11
        341 scheduled 4/18/11
        DISCHARGED 6/20/11

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          #5
          I am really happy to read about this. My bankruptcy attorney never said anything about non-consumer debt. This is a huge relief to me. Thanks!

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            #6
            If you secured your business debt with a SS# then it is your name in guarantee. So I would suspect that you could go personal. Even though you are paralegal, I would invest in the Nolo Press book C7 for about 21 bucks download pdf and printable. VERY GOOD book and most questions as well as our Forum will aid you. nolopress.com I think. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              #7
              Keep in mind the issue we are talking about...the consumer / non-consumer distinction has to do with qualifying for chapter 7 BK. In nearly every small business scenario, the owner is almost always personally liable for the debt so you WILL list all business debts in a personal BK.
              Last edited by HHM; 04-25-2011, 05:32 AM.

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                #8
                Thanks for the responses! I purchased the e-book yesterday for $11.99! Found a $10 coupon code online! have read a lot of it already and the book is great, it is very informative! I think that with the book and this forum, I am ready to go!

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