ARE BUSINESS CREDIT CARDS TREATED THE SAME AS REGULAR CREDIT CARDS IN A CHAPTER 7?

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ARE BUSINESS CREDIT CARDS TREATED THE SAME AS REGULAR CREDIT CARDS IN A CHAPTER 7?

MY NAME AND BUSINESS NAME ARE ON CARD WITH PERSONAL GUARANTY. THE BUSINESS NEVER TOOK OFF AND IS A SOLE PROPRIETOR AND WAS NEVER REGISTERED WITH NO EIN NUMBER OR ANY OUTSTANDING TAX PAYMENTS OR ANYTHING. CREDIT REPORT SAYS “INDIVIDUAL ACCOUNT” AS STATUS.

Asked on January 30, 2011 under Bankruptcy Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) If the business was a sole proprietorship, then from a legal point of view, there was no business--there was only you. A sole proprietorship is the proprietor; there is no legal distinction between business and owner. So business credit cards taken out by a sole proprietorship are cards taken out by the individual; they *are* your regular credit cards.

2) Even if the business had been a limited liability company (LLC) or corporation (Inc.), if you personally guaranteed any business credit cards, you'd be personally obligated on the debt, and therefore it would still be an obligation that would be taken cognizance of during a bankruptcy filing.

So either way, you can and should include the cards in your bankruptcy filing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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