Are you an individual who owns a business and has credit carddebt?
You may need a competent bankruptcy attorney to guide you through the bankruptcy process in order to determine which debts are personal, which are corporate and which are joint debts to discuss what your options are and if filing bankruptcy is the best course of action in your situation. For more information, visit http://www.andrewgriffinlawoffice.com
My name is Andrew H. Griffin, III. I am a California bankruptcy attorney with over 35 years of experience.
Small corporations may have their names on the shareholder’s credit card, but likely are not actually liable for the charges made on the card. Clients come with lists of “personal” credit cards and “business cards” for their corporation or LLC. In looking at bankruptcy options, we need to know which debts are those of the individual, which are those only of the corporation, and which are joint debts.
Without exception in my experience, there is no such thing as a credit card for which there is not a real, live person who is personally liable for the debt. The corporation’s name on the card is just there for image.
In some instances, the business corporation and the individual may be liable. As we explore bankruptcy options, it becomes important to know whether a credit card, discharged in the bankruptcy of the business owner, will have any legal rights against the corporation which may continue to operate. Often, neither the card issuer nor the individual can produce the card agreement from the inception of the card.
A client put me on to a neat way to find out if the card issuer contends it has a claim against the corporation: call the card issuer as the “new bookkeeper” of the corporation and ask for account information. The card issuer should only give that information out to the card holders, those entities who owe the debt.
My client reported back that the credit card company would not talk to the “new bookkeeper” of the corporation about the balance on a card that was imprinted with the name of a former partner and the corporation. The corporation was a stranger to the account, according to the card issuer.
Bingo! We now know that if the individual files bankruptcy, the surviving corporation will not be hounded to pay the credit card.
This is Andrew Griffin at andrewgriffinlawoffice.com. Today, we are helping you understand the bankruptcy process. If you want to learn more about bankruptcy go to andrewgriffinlawoffice.com to get a free copy of my book which you can buy for $16.95. I want to give everybody an opportunity to get that for an immediate free PDF download or click on the link and you’ll get an immediate free download.
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See my recent videos:
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