question about filing for bankruptcy?

Tags:, , , , ,

2

-Have owned a franchisee for 2 years (it’s a corporation, INC)
-Have maxed a single credit label underneath a commercial operation name (which is additionally privately guaranteed)
-Have borrowed income from personal credit cards
-Owe Employee, Sales as well as Quarterly Taxes
-Owe Royalties
-I am a single month at a back of upon lease

-I can’t run a commercial operation any some-more as well as we am utterly out of income to try to recover. Every day a commercial operation is open is putting me some-more in debt. we do not wish to tumble at a back of upon payroll.

I spoke to personal Bankruptcy lawyer. He referred to to possibly record for personal failure given a commercial operation credit label is additionally privately upon trial (so all a commercial operation debts will hurl over to personal anyway) as well as engage my spouse.

The franchise of a emporium is underneath a Franchisor name. we am only a subleasor.

We have been we do a office work now. Can we only tighten a emporium down starting Jan 1, 2008? to equivocate removing some-more in debt?

What have been your opinions? What have been a pros as well as cons of this?

thank we for your help!

Related solution post:

  1. question about filing for bankruptcy?
  2. Filing for bankruptcy with a co-signed car loan?
  3. We are filing Ch 7 Bankruptcy, and in the midst of Foreclosure. Refinancing?
  4. How can I improve my credit on social security?
  5. Any suggestions on how to refinance an ARM mortgage to a fixed with lower interest?

Comments (2)

While you say you have a bankruptcy lawyer, why are you not asking him for advice? This is truly a legal question and if he is going to assist in the bk filing, he should be giving you legal advice on all aspects. However, I know you are stressed. It’s a bad situation.

So, first, let me explain about the lease. If it’s under the Franchisor name, they usually do that to protect the space. One of the reasons being exactly what is happening. They have control of the space even if the operator/franchisee is failing. You don’t worry about the shopping center/ landlord really yet. You will either be "abandoning" your sublease or "affirming" it, if you wanted to stay. You are not wanting to continue, so make sure you let your counsel know you want to abandon your sublease. This is probably a violation of your franchise agreement, but it’s going to be covered in your bk anyway. The ongoing arrangements you have are called "executory" contracts. You not going to affirm any of these. The franchisee, the landlord if he has a claim, will all be filing claims in your bk but that has nothing to do with your continued operations. You can cease them if you don’t see any prospect for going forward. I don’t know how long you were in business, but it sounds like you were undercapitalized.

Your counsel will have to advise you as to your tax liabilities; wages owed your employees; etc. Certain debts have certain priorities in bk. But these are all part of your bk’s legal proceedings. PLEASE ask him for advice.

Have you asked the franchise to purchase the store? Good franchises are concerned with the fallout of having their investor franchisees go bankrupt and provide a safety cushion.

Post a comment