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Business chapter 7

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MyDataMyChoice
Valued Contributor

Business chapter 7

S corporation in Rhode Island

Should let it “die” not renew Secretary of State? Or should I file for ch7 for the s Corp...?

I tried to dissolve it however it has you sign under penalty of perjury there are no outstanding debts and since there are I cannot sign that...

I may need to file personally due to some extensive personal guarantees


Message 1 of 6
5 REPLIES 5
pizza1
Community Leader
Super Contributor

Re: Business chapter 7

I would at this point contact a BK attorney well versed in personal and business BK. They will sometimes offer a free consultation.
Message 2 of 6
Anonymous
Not applicable

Re: Business chapter 7

I am in the same situation. I hope someone her can offer some advice. 

Message 3 of 6
Anonymous
Not applicable

Re: Business chapter 7

I was in the same boat.  With ch.7 bkr and S corp, you most likley have a 

personal gaurantee on your business loans. There might be a few exceptions, 

such as vendors, etc..

So, what I did was file a non consumer ch7. Then I closed the business by not 

renewing the state license.  The debts that are not personally gauranteed will die with corp,

but to be safe include them in the BKR filing.

Message 4 of 6
MyDataMyChoice
Valued Contributor

Re: Business chapter 7

My state is saying I can’t just let the corporation die I Must dissolve or be charged minimum tax every year $400

And in order to dissolve the Corp can’t owe money u less it files for bankruptcy



Message 5 of 6
pizza1
Community Leader
Super Contributor

Re: Business chapter 7


wrote:
My state is saying I can’t just let the corporation die I Must dissolve or be charged minimum tax every year $400

And in order to dissolve the Corp can’t owe money u less it files for bankruptcy


This is why I would consult a BK attorney in your area. You can file BK on a business, and not personal, but if you  did a PG some of your credit or loans, you'll be liable for that on a personal side.  Most BK attorneys will do a no fee consultation, and Id definitely consider that you see what your options are. 

Message 6 of 6
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