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    Help me choose the best course of action

    I am considering BK7, and I would appreciate any and all advice on the best way to plan for it.

    I am married, live in MI, and have one child, so I am a work-from-home dad. The median income just published for MI is $63,339. We made more than that last year, but my wife is the breadwinner, and her income is less than the median income, so several months with no income from me (read on) will definitely get us below that amount. I am also in school full-time, and should have my degree (Web Development) in 2.5 years.

    I own and operate a single-member LLC from home, which I think I need to close shortly. Sales have all but disappeared the last 6 weeks, and they had barely been better the previous 4 months. I have also been hit hard by the increased cost of freight, and that has cut into my margins a great deal. I owe suppliers somewhere between $8-12k, and no inventory or other appreciable assets (desk, chair, printer, etc). I am around 30-60 days past due on these suppliers.

    I do have a Staples charge and OfficeDepot charge, both with zero balances. I also have a $1 buyout lease that I am current on for two computers, and would like to keep the computers, keep making the payment ($183/mo), and reaffirm this loan if I do go the BK route (they are secured, I am assuming). I also have a Prosper loan for the business that has around 4k balance.

    All debts of the business were PG'd.

    I also have around $18k in personal credit card debt, some from business, some from personal. DW is an authorized user on some of those cards, but they are not joint accounts. All are current, but not all are open (three are closed accounts that I still pay). DW has a few cards in her name, around $4k.

    We are both on the title and mortgage for the house (her first), we paid $126,900 in 2002, our balance on the mortgage (30 years at 5.375) is $120,336. We definitely want to keep the house, which is probably now valued around the same we paid for it. Damn MI economy!

    We also own a 1999 car free and clear, titled in her name only, KBB lists the value as $3270. This is our only vehicle (I work from home, she works close), so we will be keeping it.

    I have already begun selling some of our stuff to pay bills, prior to even considering BK, I have been using this to pay down CCs and other bills as they come up.

    We also have a joint mortgage on a timeshare that we have for sale, and hopefully it will sell within the next few months. We are current on this, and plan to break even on the sale (not make money or lose money versus what we have into it).

    I think that is all of the pertinent information, if I have left anything out, please let me know. We had already been cutting back a lot, so I think we can swing it with just her income for a while, or with me working part-time somewhere.

    So, the upshot is, I have about $34k in personal/business unsecured debt (not counting the computers), and I'm about to have no income, since I can't pay my business bills. At this point, I am considering filing BK7 for myself only, and would love any advice on preparing. I am actively engaged in securing a good BK attorney, hoping to meet with a few over the next week or so.

    Here are some specific questions I have:

    1. How does the authorized user status on my credit card accounts affect her if I file BK? I am also an authorized user on a few cards that are solely in her name.

    2. Is there any danger in the house being forced into the BK? DW would qualify on the 31% on her income alone.

    3. I certainly have no intent to defraud anyone, but how do I handle customers and suppliers? I don't have the money to pay my vendors, and I don't have the money to refund the customers awaiting products, either. I presume that their credit card companies will make them whole, but I don't know. This is perhaps my biggest source of stress at this point.

    4. How does the LLC factor in? Am I filing two BKs, one for me personally, or one for myself and one for the LLC? If two, does the timing matter?

    Sorry for the long post, but I figured that more information was better. I appreciate your time and consideration.I am considering BK7, and I would appreciate any and all advice on the best way to plan for it.

    I am married, live in MI, and have one child, so I am a work-from-home dad. The median income just published for MI is $63,339. We made more than that last year, but my wife is the breadwinner, and her income is less than the median income, so several months with no income from me (read on) will definitely get us below that amount. I am also in school full-time, and should have my degree (Web Development) in 2.5 years.

    I own and operate a single-member LLC from home, which I think I need to close shortly. Sales have all but disappeared the last 6 weeks, and they had barely been better the previous 4 months. I have also been hit hard by the increased cost of freight, and that has cut into my margins a great deal. I owe suppliers somewhere between $8-12k, and no inventory or other appreciable assets (desk, chair, printer, etc). I am around 30-60 days past due on these suppliers.

    I do have a Staples charge and OfficeDepot charge, both with zero balances. I also have a $1 buyout lease that I am current on for two computers, and would like to keep the computers, keep making the payment ($183/mo), and reaffirm this loan if I do go the BK route (they are secured, I am assuming). I also have a Prosper loan for the business that has around 4k balance.

    All debts of the business were PG'd.

    I also have around $18k in personal credit card debt, some from business, some from personal. DW is an authorized user on some of those cards, but they are not joint accounts. All are current, but not all are open (three are closed accounts that I still pay). DW has a few cards in her name, around $4k.

    We are both on the title and mortgage for the house (her first), we paid $126,900 in 2002, our balance on the mortgage (30 years at 5.375) is $120,336. We definitely want to keep the house, which is probably now valued around the same we paid for it. Damn MI economy!

    We also own a 1999 car free and clear, titled in her name only, KBB lists the value as $3270. This is our only vehicle (I work from home, she works close), so we will be keeping it.

    I have already begun selling some of our stuff to pay bills, prior to even considering BK, I have been using this to pay down CCs and other bills as they come up.

    We also have a joint mortgage on a timeshare that we have for sale, and hopefully it will sell within the next few months. We are current on this, and plan to break even on the sale (not make money or lose money versus what we have into it).

    I think that is all of the pertinent information, if I have left anything out, please let me know. We had already been cutting back a lot, so I think we can swing it with just her income for a while, or with me working part-time somewhere.

    So, the upshot is, I have about $34k in personal/business unsecured debt (not counting the computers), and I'm about to have no income, since I can't pay my business bills. At this point, I am considering filing BK7 for myself only, and would love any advice on preparing. I am actively engaged in securing a good BK attorney, hoping to meet with a few over the next week or so.

    Here are some specific questions I have:

    1. How does the authorized user status on my credit card accounts affect her if I file BK? I am also an authorized user on a few cards that are solely in her name.

    2. Is there any danger in the house being forced into the BK? DW would qualify on the 31% on her income alone.

    3. I certainly have no intent to defraud anyone, but how do I handle customers and suppliers? I don't have the money to pay my vendors, and I don't have the money to refund the customers awaiting products, either. I presume that their credit card companies will make them whole, but I don't know. This is perhaps my biggest source of stress at this point.

    4. How does the LLC factor in? Am I filing two BKs, one for me personally, or one for myself and one for the LLC? If two, does the timing matter?

    Sorry for the long post, but I figured that more information was better. I appreciate your time and consideration.

    #2
    With business and personal debt intermingled you probably want to talk to 3-4 bk attorneys in your area. It is probably not a case you want to go pro se but of course you are legally able to do so.

    1. You'd need to be vigilant. It is possible they could wrongly report on her credit report and she'd have to dispute it.

    2. I'm not sure of all specifics which is why you need to talk to a lawyer, but in MI property held as tenancy by the entirety may be exempt against debts owed by only one spouse. I'm not positive of the allowed amount.

    3. You'd have to list each on the bk as a potential creditor. This is why I really think you need a lawyer. You mention you have customers who have paid for goods but not received them, and you have suppliers who have delivered goods but not been paid.

    4. I"m not sure I know S-corps you don't have to do separate bankrupties for, but I'm not sure about LLCs.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Your LLC is probably an S-corp, right? (check your tax status - most LLC's are S-corps).

      Because it is a single member LLC of which you own 100%, it is considered an asset of yours. So when you file BK the LLC will be listed as one of your assets. IF you have A/R due to come in, those receiveables become part of the BK Estate as of the date of filing and belong to the Trustee. Make sure to list the name of the LLC right on your petition under your personal name in the spot designated for 'alias names'. Usually it is not worth the extra $$ to file a BK on the LLC, especially if you are closing it. Filing a Ch 7 personally discharges your debt (and personal guarantees) and if you close the LLC then the debt does not go away, but there is nothing to attach.

      As to the cards for which your wife is an authorized user, I would remove her from any cards you have so that the TL does not show on her cr report as a IIB after you file. Creditors have a way of making mistakes Because she is only an authorized user, that should be easy to do right away.

      IF you are on the note and mtg, the house is listed in the BK, but if you are current there should be no issue in keeping the house.

      As to your Staples charge and Office Depot charge since they are zero balance, I would close them ASAP (have it read closed by consumer). If you file and you have a zero balance the cards will be closed by the creditor and read 'included in bankruptcy' (iib). This happens automatically whether you list the cards or not - typically all of your accounts will close the minute you file BK.

      Before you file, make sure to download all of your cc stmts, checking/savings statements for a long as you can to your hard drive. You may not need to provide all of them, but it is better to have it on your hard drive and not need it than to need it and not be able to get them. Look at Jessiegirls posts - she has not been able to supply cc statements and it has hurt her BK. I had to supply 2 yrs banks statements and 3 yrs cc stmts. Once you get behind on your cc accts the creditors will not allow you online access to the statements, so download them while you can.

      Have you checked you exemptions for MI? If not, look at www.legalconsumer.com and go to MI to check to see what you can exempt.

      I am married and filed alone. I had to provide my spouses income and expenses too. You may have to go by Household income. Check with your attorney.

      Hope this helps you a little.
      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..

      Comment


        #4
        Thanks for the helpful replies.

        I will definitely be doing this with an attorney, I am meeting with the first one this afternoon, and hopefully another within the next few days.

        That is great advice about gathering the statements. I will check out jessiegirls story.

        Comment

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