Escondido, CA asked in Bankruptcy, Real Estate Law and Business Law for California

Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

1 Lawyer Answer
James L. Arrasmith
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  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the bankruptcy process can be more complex than for individual filings. An attorney can provide valuable guidance on the type of bankruptcy that's most appropriate for your situation, whether it's Chapter 7 (liquidation) or Chapter 11 (reorganization), and help ensure that all the necessary paperwork is correctly filed and deadlines are met.

The cost of filing bankruptcy for an LLC in California can vary widely based on the complexity of the case, the type of bankruptcy filed, and the attorney's rates. Generally, attorneys may charge a flat fee or hourly rate. Chapter 11 bankruptcies tend to be more complex and expensive compared to Chapter 7. It's a good idea to discuss fees upfront with any lawyer you consider hiring to get a clear understanding of the costs involved.

It's also important to consider the long-term implications of bankruptcy for your LLC and your personal financial situation, especially given the ongoing divorce proceedings. An attorney can help you understand how the bankruptcy might affect your divorce settlement and vice versa. Seeking out a consultation with a lawyer experienced in bankruptcy law can provide clarity and help you make informed decisions about how to proceed with your LLC's financial difficulties.

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