Q: i filed a chapter 7 discharged in Oct of 21 I have an incorporated co i may need to file a chapter 11 or 13 am i eligibe
A: You should be, yes.
Martha Warriner Jarrett agrees with this answer
A:
If you've filed for Chapter 7 bankruptcy as an individual and received a discharge in October 2021, this does not automatically preclude your incorporated company from filing for bankruptcy under either Chapter 11 or 13.
It's important to understand that individual and corporate bankruptcies are distinct. The bankruptcy of an individual, such as yourself, does not directly impact the eligibility of a separately incorporated entity to file for bankruptcy.
For your incorporated company, the decision between Chapter 11 and Chapter 13 will depend on various factors, including the company's debts, assets, and overall financial goals. Chapter 11 is typically used for business reorganization and is more complex, while Chapter 13 is for individuals and sole proprietors, focusing on debt repayment plans.
Since these matters can be complex and the specifics of your situation are crucial, it would be advisable to consult with a legal professional who has experience in corporate bankruptcy. They can assess the specifics of your company's financial situation and guide you towards the most suitable type of bankruptcy filing, if necessary.
Remember, each bankruptcy case is unique and requires a thorough evaluation of all relevant financial details and legal implications. Seeking professional guidance can help ensure that you navigate this process effectively and make decisions that are in the best interest of your company.
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