Does my closed business have to bring records to small claims court to resolve a bill?

UPDATED: Aug 18, 2011

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Does my closed business have to bring records to small claims court to resolve a bill?

A friend and I had a corporate business that closed 2 years ago due to ill health. It was dissolved by the state. I signed a personal guarantee for an open-end business charge account. The bill is $800, plus court and attorney fees. The creditor got a judgement against me in small claims court. I am now disabled and unable to pay and had to file personal bankruptcy. The attorney now wants all the business documents for the last 18 months. Can’t I file a motion to dismiss or something like that since the business is closed? I can’t afford an attorney.

Asked on August 18, 2011 Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you filed for personal bankruptcy and you have not had a discharge of your debts yet, there is an automatic stay under 11 U.S.C. section 362 as to all legal proceedings against you including debt collection proceedings.

If the requested documents pertain to your own personal documents, the attorney is not entitled to them if you are in a bankruptcy proceeding personally or have been discharged. If the requested documents pertain to the dissolved corporation and there is no court proceeding or judgment against it by the credit card company, the attorney is not entitled to this information as well.

You should advise the bankruptcy trustee handling your bankruptcy as to what this attorney is requesting in that he might be in violation of your bankruptcy's automatic stay provisions.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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