Worker's Compensation Fine and Penalty

[barbhill]

Our (mine and currently separated from husband) incorporated in the state of FL small business was fined for not carrying worker's compensation on employees that we considered subcontractors. The penalty was assessed at $45K in September 2010. Lawyer at the time stated that this penalty can not be claimed in bankruptcy. That the penalty follows the corporate officer (into a new business or personally).

Long story short--soon to be ex husband (prez of corporation) walked away from business and marriage. When he walked away, I was forced to shut down the business, and the business has been adminstratively dissolved by the state of FL. He has now filed for bankruptcy. We are not officially divorced yet--papers have been filed by him.
Does anyone know how, if, when, etc this penalty can be discharged? What happens to me as the secretary/treasurer of the corporation?

[BKOnce]

Attorney consultation in Florida (about BK law) is free?

[Ifonly]

These types of penalties are called trust fund penalties and I do believe that the attorney was absolutely correct in saying that they can not be discharged in bankruptcy and they live beyond the life of the business entity - officers of the corporation are personally liable for these types of tax penalties. Usually the taxing jurisdiction will file liens on the business and the officers personally - if the business fails, they pursue the principals. I would think that there is a very strong possibility that you and your husband are going to be held personally responsible for the penalty.

[despritfreya]

I'm confused. Were you fined for not maintaining insurance in and of itself, or did someone get hurt and you are now being assessed a claim by the State Recovery Fund which paid money to the injured party becuase you did not have insurance?

Edt: Never mind. . . I see the original post is 2 months old. Probably already resolved this one.

Des.

[royalking]

I think you have to face this penalty.