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

Answers:

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.


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