Log in

View Full Version : Is bankruptcy allowed on private loans?


GeorgeC3223
Jan 7, 2011, 12:42 PM
I owe money on a bad business venture that I saw a lawyer for and was informed I should be absoloved of the debt. I have been out of work for almost a year and have had trouble landing a position that pays well enough to cover my rent and expenses. Recently, I have gone into default with my student loans. They are threatening seizing of assets and future wage garnishment. Would I be able to include my private loans in this bankruptcy filing under the right circumstances? Thank you for your time.

smoothy
Jan 7, 2011, 01:35 PM
THat depends... exactly how is this buiness set up, Is it incorporated? As in did you form an LLC? If you did't set it up in a manner that separates business from private assets and liabilities you are screwed.

GeorgeC3223
Jan 15, 2011, 07:29 PM
The business wasn't a LLC or anything. I only worked it for a year so never got it licensed. I spoke with a bankruptcy attorney about that debt and should be able to be absolved of it. The entity that is going take money from future pay checks is collections for default private loans. If I can show undue hardship is it possible to lower or remove private loan balance as well. I couldn't afford 150 a month and hear that now legally 25% can be garnished each week which will be around a 1000 a month out of a full time salary before the government loan payments.

Fr_Chuck
Jan 15, 2011, 07:55 PM
There are many ( and I mean many) requirements to even be allowed to file bankruptcy, one will be a debt to income ratio, you will need to see if you can meet that.

After that you can include all of your personal debts and personal business debts ( but your government student loans in the US can not be incluced) plus most taxes can not be included either.

Now when you file, the other side ( the actual lender not the collection agency) can object to the filing, and there could be a hearing on it, but that is what your attorney does