Is it true that I can’t file Chapter 7 for a business without an attorney?

UPDATED: Jan 5, 2011

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Is it true that I can’t file Chapter 7 for a business without an attorney?

What if I cannot afford an attorney?

Asked on January 5, 2011 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The best way to find out if this is true is to call or go down to the bankruptcy court to ask.  But I do not believe that there is any such limitation for a business.  In other words, I think that you can file a Chapter 7 for your business.  You do realize that as soon as you file you need to stop operating your business?  It is rare that a trustee in bankruptcy will permit you to continue to run your business.  Therefore, you may want to consult with an attorney about your options as a business, such as reorganization, etc.  Also, corporations can not, I believe, discharge certain debt.  So you should really at least consult with someone on the matter.  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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