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Can my business file bankruptcy, but not me?

Question: My business has too much debt. We are being sued by creditors and other creditors are preparing lawsuits against us right now. Creditors are calling all the time and they are not giving us anymore time to pay our debts. So we are considering bankruptcy.

I opened a contracting business but some of my partners have been bad and the business has suffered. I need to get rid of the debt before any assets are seized. The business started well but I took on too much work and got overwhelmed. Then I couldn't meet schedules and we got fired from some major jobs.

The debt is all in the business, which is located in Sandy Springs; I also live in Sandy Springs with my wife and 3 dogs.

I don't have any personal debt form my creditors. I knew the creditors before so they extended credit to me based on our prior relationship which was very profitable to everyone involved.

If all the debt is in the business name, do I need to file bankruptcy personally? I just want the business to file, not me personally.

D.F. in Sandy Springs

Answer: Your business can file bankruptcy and you do not have to. A business can file a bankruptcy without the need for an owner, officer or partner to file personally.

Many owners of small businesses have to use their personal credit to guarantee debts like loans and credit cards. But if the debt is not personally guaranteed by an individual, then there is no need to file a chapter 7 or chapter 13 personal bankruptcy.

About Us

Need a business bankruptcy lawyer? We are always here for you.

When you need a fresh financial start, attorneys Valerie Sherman and Bill Sherman will help you navigate the system.

So when you need a Sandy Springs bankruptcy attorney to answer questions and guide you through the entire process, just call us at 678-215-4106.

We serve the entire Atlanta metro area and North Georgia.

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