Silver Spring, MD asked in Bankruptcy, Business Law and Collections for Maryland

Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting (you don't say whether the Corp will file a Ch. 7 or 11).

A bankrupt individual or corporate/other legal entity is not required by the bankruptcy code to telegraph its intent to seek bankruptcy relief, but if a business entity is above certain size levels, or "publicly held, Securities laws may require such reporting to either the Feds or State or both. And many states have laws requiring a business to give, e.g., sixty days prior notice to employees and others of intent to cease operations. I am not aware of any such laws that require prior notice to a credit card issuer, although it may be prudent to do so to avoid needless litigation.

Timothy Denison agrees with this answer

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: (follow up) You should note that a corporation is not eligible for the grant of a Discharge in bankruptcy. Usually, it is advisable to file articles of dissolution with the state of incorporation (or of domestication) following a bankruptcy filing.

If any individual principals of the corporation are guarantors on the outstanding debt, and the corporation files for Ch.7 relief, the guarantor will remain liable on that obligation.

Timothy Denison agrees with this answer

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