Chapter 7 Bankruptcy for Small Businesses #business #chapter # #bankruptcy


Chapter 7 Bankruptcy for Small Businesses

If you are a small business owner struggling with debt, Chapter 7 bankruptcy may help. Chapter 7 bankruptcy can eliminate most or all of the debts for which you are personally liable. If you are a sole proprietor or your business is a general partnership, you are personally liable for your business’s debts, and Chapter 7 may work well for you. If, on the other hand, your business is a separate legal entity, such as a corporation or LLC, you must file a bankruptcy on behalf of the business. While you may be able to use Chapter 7 in this situation, you’ll need a lawyer to represent you.

If you are a struggling small business owner, filing for Chapter 7 bankruptcy may help save your business or provide a simple way to liquidate it.

If your small business is struggling with debt, filing for Chapter 7 bankruptcy might help.

The means test determines whether your income is low enough to qualify for Chapter 7 bankruptcy. However, if most of your debts are business related, you may still qualify regardless of your income.

If you are a sole proprietor, you may be able to wipe out both your personal and business debts by filing Chapter 7 bankruptcy.

If your partnership can no longer stay in business, filing Chapter 7 bankruptcy may provide an orderly way to close and liquate the business.

Filing for Chapter 7 bankruptcy is a valuable option for corporations and limited liability companies (LLCs) that are going out of business. Read on to learn more about how Chapter 7 bankruptcy can help corporations, LLCs, and their owners.

Find out whether Chapter 7 personal bankruptcy will wipe out your business debt.

If you are a sole proprietor, it is likely that your business taxes will not be discharged in Chapter 7 bankruptcy. If you operate your small business as a sole proprietor, you are personally responsible for all of your business debts, including tax debt.

If you are a small business owner, you are probably concerned about what will happen to your business assets when you file for Chapter 7 bankruptcy.

Get debt relief now.

New Jersey Bankruptcy – Foreclosure Lawyers, Chapter 7 – 13 Bankruptcy Lawyer, bankruptcy attorneys nj.#Bankruptcy


Expert New Jersey Bankruptcy Foreclosure Defense Lawyers

Established in 1981, we are expert Chapter 7, Chapter 11, and Chapter 13 Bankruptcy Lawyers and Foreclosure Defense Lawyers. The Case Histories presented here are examples of how the Personal Bankruptcy and Business Bankruptcy Laws, the Fair Foreclosure Act and the Fair Debt Collection Practices Act have been used to wipe out or reduce credit card debt, avoid foreclosure, defeat junk debt collector lawsuits and give our clients experiencing serious debt problems a fresh start. Contact us for a free consultation with an expert Debtor’s Rights attorney to find out whether these laws can benefit you.

If anyone finds themselves in the unenviable position of having to file for bankruptcy, I highly recommend Gillman and Gillman. I truly got more than my money’s worth.

” There is so much relief in my life now. And now I have the chance to start a new beginning. Thank you!”

Bankruptcy – Your Right to Immediate Protection and a Fresh Start

When a Debtor files a Bankruptcy Petition, debt collection activities by most creditors are Automatically Stayed – Stopped. Debt Collectors are prohibited by the Stay from harassment tactics such as repeated phone calls; filing lawsuits to collect credit card debt; seeking wage garnishment, and bank levies and sale of a debtor’s property. Not all debts can be discharged, but most debtors can clean the slate and have a fresh start.

Foreclosure Prevention – Use Your Legal Rights to Protect Your Home

Over the past 30 years, we have been asked the same question: “When facing foreclosure proceedings, how do I save my home?” Although the circumstances of those who ask vary greatly, the answer to the question is always the same. To fully and most effectively use rights and remedies such foreclosure defense, loan modification, mortgage mediation, and/or bankruptcy you must be represented by an Expert Foreclosure Lawyer.

Bankruptcy Myths Creditors and Debt Collectors Want You to Believe

Three myths too often discourage debtors from seeking the clean slate and fresh start bankruptcy may provide.

TRUE or FALSE: Debtors who file Bankruptcy Lose Everything and Never Get Credit Again. FALSE: In fact, the exact opposite is True. Filing a Bankruptcy protects the earnings and property of most debtors and gives them the opportunity to reestablish their credit.

Small Businesses Bankruptcy – Owner’s Remedies – Liability – Defenses

Many Small Business owners are faced with serious debt problems and the challenging economy. We have been representing Small Businesses and their owners business bankruptcy and other proceedings since 1981. Whether the problem is a single creditor in a lawsuit or a pile of accumulated debt, it is important to consult with an experienced New Jersey attorney to learn your rights and all options to protect you and your business.

Philadelphia Estate Planning #bankruptcy #attorney #philadelphia #pa


Committed to Providing Dependable Legal Service

The law office of Clair M. Stewart, Attorney at Law provides a wide range of legal services to meet the needs of individuals, families and businesses in the following counties: Philadelphia, Delaware, Bucks, Berks, Lehigh, Lancaster and Montgomery in the Commonwealth of Pennsylvania. We deliver personal and quality cost-effective service to our clients and are dedicated to helping them resolve their legal problems.

Our principal attorney, Clair M. Stewart is licensed in the Commonwealth of Pennsylvania and the State of New Jersey. She adheres to the professional responsibility of maintaining a highly moral and ethical practice. In so doing, she gains and maintains the trust and respect of her clients. This is the only way of establishing and maintaining a long-term relationship.

At our firm, we are committed to personal hands-on attention to your case. We do this by promptly returning your phone-calls, updating you on your case and patiently answering any questions you may have about your legal matter. We have a systematic get-the-job done attitude and are focused on efficient and effective representation.

The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your own situation.

Professional Philadelphia bankruptcy, estate planning and divorce attorney legal advice and representation:

Legal matters that touch us personally like divorce. preparing a will, bankruptcy or debt collections require legal advice you can trust. Clients in Philadelphia (and surrounding counties) can feel confident that the law office of Clair M Stewart, Attorney at Law will see to protect your interests in an ethical and professional manner.

Copyright 2009 Clair M. Stewart: Philadelphia Bankruptcy Attorney. All Rights Reserved

Melissa Iyer Julian #attorney, #lawyer, #partner, #lawsuit, #divorce, #dispute, #complaint, #corporation, #partnership, #business #law, #corporate


Melissa Iyer Julian

Melissa Iyer Julian has been practicing with Burch Cracchiolo since 2006. Melissa s practice focuses on complex business litigation matters and corporate transactions, including mergers and acquisitions, stock or membership purchases, asset purchases, and commercial lease negotiations. She has represented numerous businesses, including trucking companies, and trucking brokerage companies in connection with contract disputes, personal injury litigation, employment litigation, insurance coverage disputes, and other corporate matters.

Melissa also maintains an active civil appellate practice and has argued several times in both divisions of the Arizona Court of Appeals as well as the Ninth Circuit Court of Appeals. She also serves as a mediator on a variety of commercial disputes and in 2015 alone, she successfully settled cases involving professional malpractice, commercial lease disputes, and deficiency liability.

Honors Awards

AZ Big Media: 20 Most Influential Millennials working in Arizona, 2017
Selected, Southwest Super Lawyers Rising Star, 2012-2017
Selected, Arizona Business Magazine Top Lawyers, Business/Corporate Law, 2014

Representative Engagements

Successfully represented trucking company in employee disputes, coverage disputes with company s insurer, and analyzing and responding to concerns regarding regulatory compliance with Department of Transportation regulations

Successfully mediated various private disputes on a wide variety of issues including legal malpractice, guarantor liability, and commercial lease disputes.

Successfully obtained a 1.1 million dollar verdict for a commercial diving company against its insurance agent for professional malpractice and breach of contract to procure insurance.

Defended multi-million dollar case involving a Ponzi scheme and alleged third-party liability for professional negligence and aiding and abetting.

Prosecuted claims involving multi-million dollar losses on behalf of receivership, arising out of Ponzi scheme and third-party aiding and abetting liability.

Assisted B C team in editing and drafting Membership Interest Purchase Agreement and accompanying disclosure schedules along with due diligence review for transaction valued at over $200 million dollars

Acted as lead counsel in complex restructuring and recapitalization transaction affecting partner compensation, ownership, and management of a professional corporation (law firm);

Negotiated and drafted complex commercial retail lease agreements and other business contracts including subcontractor agreements, vendor agreements, employment agreements, and commercial real estate loans.

Professional Leadership

Judge Pro Tem. Maricopa County Superior Court
Executive board member, Arizona Women s Leadership Forum 2012-2016
Speaker/Panelist, Work Life Integration Plan, Arizona Women s Leadership Forum, November 2012

Professional Affiliations

Maricopa County Bar Association
Arizona Women Lawyer s Association
Young Lawyers Division of Arizona Bar Association

Presentations and Publications

“Avoiding the Pitfalls of Doing Business with Tribal Governments and Entities”, Primerus Paradigm magazine, Fall 2012 issue, co-authored with Todd Julian

“Don t Go to Hell: The Ten Commandments of Business Litigation and Why Following Them Will Keep You Out of Court”, e-book chapter Execsense, October 2012

“Misconduct: Are You Your Employee s Keeper?” by Melissa Iyer Julian

Speaker, Arizona Women s Leadership Forum, “Mastering the Art of Negotiation: The Power of Personal Contacts,” October 2015

Reported Cases

District of Columbia v. Heller, 554 U.S. 570 (2008) (as amicus curiae)

Horne v. Flores, 129 S. Ct. 2579 (2009)

Arizona v. Inter Tribal Council of Arizona, Inc. 133 S. Ct. 2247, 186 L. Ed. 2d 239 (2013)

Flores v. Huppenthal, 789 F.3d 994 (9th Cir. 2015)

Beltran v. Harrah s Arizona Corp. 220 Ariz. 29, 202 P.3d 494 (Ct. App. 2008)

In re Estate of Zilles, 219 Ariz. 527, 200 P.3d 1024 (Ct. App. 2008)

Dooley v. O Brien, 226 Ariz. 149, 244 P.3d 586 (Ct. App. 2010)

Smith v. Pinnamaneni, 227 Ariz. 170, 254 P.3d 409 (Ct. App. 2011)

Community Involvement

TGen Official Ambassador
Arizona Bar Foundation, Next Generation Founding Fellow
Camelback High School, Toastmasters Program
Member, Amicus Committee, State Bar of Arizona
Member, Editorial Board, Arizona Attorney magazine, 2015
Member, Board of Directors, Arizona Women s Leadership Forum
Volunteer attorney Arizona Domestic Violence Assistance Program
Board member, Beatitudes Agelink, December 2010-October 2012


Bankruptcy Information #chapter # #bankruptcy #oregon


What Is The Difference Between Chapter 7, Chapter 9, Chapter 11, Chapter 12 and Chapter 13 Bankruptcy?

There are five different kinds of bankruptcy cases:

Chapters 7, 9, 11, 12. and 13.

They are named after the chapters of the bankruptcy code book that contains the rules specific to that kind of bankruptcy.

These five kinds of cases are divided into two different types of bankruptcy cases:

1) Straight/Liquidation Chapter 7 only.
2) Reorganization Chapters 9, 11, 12 and 13.

Chapter 7 is for a person, company or corporation and will discharge the filing debtor in exchange for giving up assets. It is for people who can not afford to pay back their debts. People who file Chapter 7 are able to keep some of their assets. It may be everything they own, or it may not be. What they keep varies from state to state.

Chapter 9 is a reorganization for municipalities (cities).

Chapter 11 is a reorganization for corporations, or individuals with debts over $336,900 in unsecured debts (no collateral) and secured debts (with collateral) over $1,010,650. (These numbers were current for April 2007, and are adjusted upwards periodically)

Chapter 12 is a reorganization for farmers.

Chapter 13 is a reorganization for individuals (people). It is for people who have under $336,900 in unsecured debts and secured debts under $1,010,650 (April 2007.) This is the reorganization used by most consumers. Chapter 13 is for people who have money to make payments but maybe not as fast or as much as the creditors want. Chapter 13 helps people keep assets they might not be able to keep if they filed Chapter 7. It can also reorgnize aspects of secured debts. It can stop foreclosures and repossessions, and give people time to catch up on payments over time.

See also: Doug Jacobs article February 16, 2008: What Is The Difference Between A Chapter 7 And A Chapter 13 For Consumers

How Much Does a Bankruptcy Attorney Cost? #bankruptcy #attorney #ventura


March 6, 2011 – 19:10 by bankruptcylawyer

The role of an attorney in a Chapter 13 bankruptcy is significantly more involved than his role played in a Chapter 7 bankruptcy. The legal analysis required, amount of time spent in court, length of representation, and complexity are all greater than the responsibilities of a Chapter 7 bankruptcy attorney. Because of this, a Chapter 13 bankruptcy is typically more expensive than a Chapter 7 bankruptcy. The fees are also structured differently.

Cost of a Chapter 13 Bankruptcy Attorney

The cost of a Chapter 13 bankruptcy attorney varies geographically, but the typical fee is between $2200 and $3200 for the 3-5 years that the attorney will be representing you. The good news is that the majority of bankruptcy attorneys do not require the full fee before filing your case, and include the majority of their fees in the bankruptcy repayment plan. The attorney then gets paid by the bankruptcy trustee after your case is filed, similar to your other creditors. Some attorneys will only require the $274 federal filing fee to file the case and allow all of their fees to be paid through the plan. In this case, the Chapter 13 bankruptcy attorney is taking a risk by doing the majority of the work before getting paid and has a strong incentive to get your Chapter 13 bankruptcy getting confirmed and eventually discharged.

Cost of a Chapter 7 Bankruptcy Attorney

For comparison, lets take a look at Chapter 7 bankruptcy fees and how they are structured. Less legal work and attorney time are required in a Chapter 7 bankruptcy, so the fees are less, but are usually required to be paid-in-full before the case is filed. Otherwise, the fees owed to the attorney could just be included in the bankruptcy and the attorney would have no way of collecting his fees. The cost of a Chapter 7 bankruptcy attorney varies geographically, but typically are between $800 and $2500. The fee is based on the estimated amount of time the bankruptcy attorney anticipates spending on the case. Payment plans vary, but many firms allow you to retain their services for as little as $100. This won’t get your case filed, but can give you some immediate relief by allowing you to refer any collection calls to your bankruptcy lawyers office. After retaining a Chapter 7 bankruptcy attorney you can stop paying any creditors that you plan on including in your bankruptcy. Hopefully, this will free up some additional funds so you can enter into a payment plan with the bankruptcy attorney on the fee balance remaining. Payment plans as long as 4-6 months are not unusual. After the attorney fees and $299 federal filing fee are paid, your attorney will file your bankruptcy in Federal Bankruptcy Court.

– BKHQ Bankruptcy Lawyer

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New York City Bankruptcy Lawyers, Most Cases filed in NYCCharles Juntikka – Associates, new york


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NYC Bankruptcy Lawyer Videos

Watch Charles Juntikka explain Chapter 7 bankruptcy and learn how all credit card debts and ‘unsecured’ debts can be eliminated with New York Bankruptcy laws.

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How We

The bankruptcy laws are designed to give you a fresh start. Our bankruptcy lawyers will also advise you – at no charge – on how to manage your credit after bankruptcy.

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Take advantage of our free initial consultations to sit down with our experienced attorneys for bankruptcy evaluation. We charge a flat rate fee to all of our clients.

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Clients We Helped

Hear from real people whom we have helped through a difficult time in their lives. Our guiding spirit protects struggling families from the credit card industry and other frauds.

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Over 30 Years

Fighting Credit Card Predators

About us

Charles Juntikka & Associates, LLP (CJA Law) was founded by Charles Juntikka on July 3, 1984. Mr. Juntikka graduated from the University of Michigan in 1978 and from New York Law School in 1982. As a member of the Association of the Bar of the City of New York, he has served on the Committee on Judicial Ethics.

Since Mr. Juntikka’s firm was founded 32 years ago, it has grown into the largest filer of personal bankruptcies in the New York City area. The firm has filed the most personal bankruptcies in New York City for approximately twenty years in a row and has represented over twenty thousand clients.

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Serving Clients in

Manhattan, the Bronx,

Brooklyn, Queens and

The Benefits of Bankruptcy

Bankruptcy can give you a fresh start by eliminating the legal requirement to pay your debts and stopping creditors from harassing you.

FAQ About

Bankruptcy law protects you and many of your possessions. At Charles Juntikka & Associates, we will help you understand all the ways the law protects you.

What Debts

Can Be Eliminated?

Chapter 7 bankruptcy can eliminate most debts, including credit card debt, bank loans, medical bills, pay-day loans, and old utility bills.

Charles Juntikka

Recognized as a leader in the fight for bankruptcy protections, Charles Juntikka has been quoted in Bloomberg Business and featured on NBC and in the New York Times.

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We Can Help You. Call Us: 212-315-3755

The New York Bankruptcy Laywers at Charles Juntikka & Associates, are well known for the spirit with which they represent their clients. Mr. Juntikka, along with his associate attorneys and staff enjoy using New York Bankruptcy law to eliminate their clients’ debts and to help them get a “fresh start.” They also advise and counsel their clients on how to rebuild their credit after bankruptcy. The staff at Mr. Juntikka’s firm derives real satisfaction from protecting financially pressed individuals in New York City that are being taken advantage of by high interest credit card companies and predatory lenders.

About Us

Since 1984, Mr. Juntikka has been limited to personal bankruptcy law and class actions related to consumer credit transactions. In 2010, Charles Juntikka & Associates ranked 31st in the nation for the number of bankruptcies filed.

For the past twenty years, Charles Juntikka & Associates has filed the most personal bankruptcies annually in New York City – over 20,000.

Our Location

30 Vesey Street, Suite 100

New York, NY 10007

Phone : (212) 315-3755 | Fax: (212) 315-9032

Filing for Bankruptcy Without an Attorney #bankruptcy #tax #attorney


Filing for Bankruptcy Without an Attorney

You are not required to have an attorney in order to file for bankruptcy. In some simple Chapter 7 cases, you can file on your own (it’s called filing “pro se ,” meaning that you represent yourself) if you are willing to put in some time and research. However, in many cases, it’s a good idea to have a bankruptcy attorney.

The importance of an attorney depends on the complexity of your case and whether you are filing a Chapter 7 or Chapter 13 bankruptcy. Read on to learn more about when it is feasible to file bankruptcy without an attorney and when you should strongly consider hiring one.

When Is it Feasible to File Without an Attorney?

The general rule is the simpler your bankruptcy, the better your chances are to successfully complete it and receive a discharge on your own. So it s usually more feasible to file without an attorney if you are filing a simple Chapter 7 bankruptcy.

If your household income is less than the state median, you own little or no assets, and you don t have any priority debts or creditors alleging fraud against you, then your case is likely simple enough for you to handle without an attorney.

However, keep in mind that even the simplest Chapter 7 requires you to fill out extensive paperwork, gather financial documentation, research bankruptcy and exemption laws, and follow the local rules and procedures. At the very least, if you want to file pro se, use a good self-help bankruptcy book like Nolo’s How to File for Chapter 7 Bankruptcy .

When Is it a Bad Idea to File Bankruptcy Without an Attorney?

In certain situations, it is almost always a good idea to hire an attorney to represent you in bankruptcy.

If You Need to File Chapter 13 Bankruptcy

There are many reasons to file a Chapter 13 bankruptcy instead of a Chapter 7. You may want to file a Chapter 13 because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down your car loans, or pay back nondischargeable priority debts. Or maybe you simply make too much money to qualify for a Chapter 7. No matter what your reason is, it generally means that your case may be too difficult to file on your own.

Chapter 13 bankruptcies are a lot more complicated than Chapter 7s. In addition to filing the official bankruptcy forms (and perhaps some local forms), you must also design a proposed repayment plan, something that is very difficult to do without the expensive software that most attorneys use. Also, certain actions such as stripping your second mortgage or cramming down a car loan will usually require filing additional motions and paperwork with the court.

As a result, even some attorneys will limit their bankruptcy practice to Chapter 7 cases because they feel they are not qualified to handle a Chapter 13. In fact, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court. So if you are planning to file a Chapter 13, it is a good idea to hire a qualified attorney.

If You Have a Complicated Chapter 7 Case

Certain Chapter 7 cases are more complicated than others. Your Chapter 7 will usually be more complex if you own a business, have income above the median level of your state, have a significant amount of assets, or have creditors who can make claims against you based on fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy.

If You Are Not Comfortable Doing it on Your Own

Even if you have a simple Chapter 7 case, bankruptcy can be an intimidating and time consuming process. You will need to accurately fill out many forms, research the law, and attend hearings. If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process.

To learn more about finding and using a bankruptcy attorney, see Getting Bankruptcy Help .

Get debt relief now.

Utah Tax Attorney #tax #problems, #irs,ogden #utah #and #salt #lake #city #utah #offer #in #compromise,


Paul Benson and Ammon Nelson are independent tax attorneys who help people resolve their tax issues. The IRS and the government have set up solutions to help people get back on the right track with their taxes. It is easy to get in trouble with the IRS since the tax code is so complex. We like read more

Currently Not Collectible means that a taxpayer does not have the ability to pay his or her tax debts at this time. The IRS can declare a taxpayer currently not collectible, after the IRS is shown evidence that a taxpayer does not have the ability to pay. Such evidence is usually obtained from the taxpayer on IRS read more

Contact A Tax Attorney Now

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As a Tax Attorney, I have helped taxpayers, both individuals and businesses, across the country negotiate a payment plan with the Internal Revenue Service. A payment plan, also called an Installment Agreement, is one of the quickest solutions that can be negotiated with the IRS. This is when you set up a payment plan that if you make your tax debt will be taken care of. In a payment plan you set up an agreed amount of payment that you make every read more

Reasonable Cause is the most common IRS penalty relief program. The IRS Manual gives the following definition. “Reasonable cause relief is generally granted when the taxpayer exercises ordinary business care and prudence in determining their tax obligations but is unable to comply with those obligations.” This basically means something out of the control of the taxpayer has taken place that has prevented you from filing or paying your taxes on time. Also it must be shown that you took read more

Bankruptcy attorneys in chicago #bankruptcy #attorneys #in #chicago



Bankruptcy helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses. This section explains the bankruptcy process and laws.

About Bankruptcy

Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

All bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code.

There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code.

  • Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation.
  • Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.
  • Businesses may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize.
  • Chapter 12 provides debt relief to family farmers and fishermen.
  • Bankruptcy filings that involve parties from more than one country are filed under Chapter 15.

Bankruptcy Basics provides detailed information about filing.

Seeking the advice of a qualified lawyer is strongly recommended because bankruptcy has long-term financial and legal consequences. Individuals can file bankruptcy without a lawyer, which is called filing pro se. Learn more.

Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples. Use the forms that are numbered in the 200 series if you are preparing a bankruptcy on behalf of a nonindividual, such as a corporation, partnership, or limited liability company (LLC). Sole proprietors must use the forms that are numbered in the 100 series.

Finding a Lawyer, Including Free Legal Services

If you need help finding a bankruptcy lawyer, the resources below may help. If you are unable to afford an attorney, you may qualify for free legal services.