Can I sign Bankruptcy on just my trucking business and have it not affect my personal credit rating.

Asked over 1 year ago - Wichita, KS

I was leased to a company that took more money than I made seriously and they are saying I still owe them almost 2000.00 more, they also kept my last paycheck. I own my own truck and have had health issues, since purchasing it in August of 12, anyhow I am at the end of money for truck payments and will probably have to voluntarily surrender it.I have good credit now but. I am not incorperated.
Thanks Richard

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Your business, as a dba, is inseparable from your personal finances. Your bankruptcy would be filed in your own name with the dba listed as an alias. Before any more time passes, your needs will be best met by consulting with an experienced bankruptcy attorney. The need to surrender very expensive collateral and declining health are both very relevant issues. If you do not know a capable bankruptcy lawyer, use the attorney-finder at www.nacba.org.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. William P. Turner

    Contributor Level 7

    2

    Lawyers agree

    Answered . You would definitely be filing a personal bankruptcy, which will list and address all debts, both personal and business. Your business was not separate from you, and corporations do not receive a discharge in bankruptcy in any case.

  3. Diane L Gruber

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Nope! You must file on ALL your debt, regardless whether it was incurred operating a business. ALSO, all you personal & real property are considered in whether or not you have "unprotected" assets. Talk with an experienced bankruptcy attorney. Don't try to "do it cheap." Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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