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
Answered

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
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.