If there are no assets, there is no reason to file. It will only open the company up to scrutiny, as well the members. The company cannot get a discharge either.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.Ask a similar question
The company may not need to file bankruptcy as it cannot get a discharge, but chapter 7 is what you should pick if it is dissolving.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.Ask a similar question
It sounds to me like you are trying to save the wholesale operation and one of the retail operations--and just dump one. And it sounds like you have them all in the same corporation. (Which was not a good idea if you did it that way.)
In that case you probably need a Chapter 11 for the corporation. If you have personal liability on these debts, too--it sound like you do--then you'll need some kind of personal bankruptcy as well. Depending on your state exemptions, and what you own, and how valuable the good parts of the business are--there some chance you can do a personal Chapter7, but more likely a personal Chapter 13 or personal Chapter 11.
Somebody running three different businesses should have a business lawyer you use--who can steer you to a good bankruptcy lawyer in your area.Ask a similar question
Unfortunately there is likely not one simple solution. You have both your debts and those of the company to deal with. This will likely require two separate bankruptcies. Either a chapter 7, 13, or 11 personal to you and if you want to restructure the existing company a chapter 11 for the LLC. Chapter 11 reorganizational bankruptcies are expensive.
There may be a simpler solution but it really depends on the amount of debt you have. Under limited circumstances it might be a good idea to let the LLC shell dissolve and merge the assets and liabilities to you personally. However, before you do anything, make sure you make an appointment with an attorney that is experienced in business and business related bankruptcies.Ask a similar question