What debts are dischargeable?

Question: What debts are dischargeable? Answer: Generally, all debts listed on the petition are dischargeable. However, certain types of debt listed in 11 U.S.C. §523 are not dischargeable. The non-dischargeable debts listed in §523 include, but are not limited to: a. Certain taxes and fines; b. Debts arising from certain fraudulent conduct; c. Debts not… [Read More]

Can I Discharge my Defaulted SBA Loan in Bankruptcy?

Question. Can I Discharge my Defaulted SBA Loan in Bankruptcy? Answer: With the exception of student loans, most government loans including SBA loans are routinely discharged in bankruptcy. Surprisingly, many debtors still believe that government loans cannot be discharged in bankruptcy. However, if a guarantor pledged any assets, whether business or personal, as additional collateral… [Read More]

How long do I have to wait between Bankruptcy filings?

After the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA), the wait times between filing various chapters of bankruptcy changed. For chapter 7 cases, Section 727(a)(8) of the Bankruptcy Code controls and for Chapter 13 filings, Section 1328(f) of the Code controls. These waiting periods are summarized in the following table: Previous Case New… [Read More]

How will my business partner’s divorce affect the LLC we have together?

Question.How will my business partner’s divorce affect the LLC we have together? Answer. In Texas, a member’s interest in an LLC may be community property; however, a member’s rights under the Operating Agreement (e.g., right to participate in the management of the business) are not. Therefore, if one LLC member gets a divorce, they won’t… [Read More]

What is a Sole proprietorship?

Question: What is a Sole proprietorship? Answer. The most common and the simplest form of business is the sole proprietorship. In a sole proprietorship, a single individual engages in a business activity without necessity of formal organization. If the business is conducted under an assumed name (a name other than the surname of the individual),… [Read More]