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Personally Guaranteed Business Debt? Don’t Worry – Discharge It in a Personal Chapter 7 Bankruptcy

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Although the housing market is supposedly recovering from the real estate crises, many homeowners are still struggling to make their mortgage payments. If you are one of them, you may be trying to decide whether a short sale and/or filing for bankruptcy is the best option for you.

We consulted with a single woman who rented her home and owned personal property valued at $2,186.41.

Our client’s debt totaled $288,179.42, all of which were unsecured. The majority of the debt was comprised of business credit card debt and personal guarantees that she had incurred while owning a business that had recently stopped operating.

Our client was employed. Her monthly expenses ($2,810.67) exceeded her monthly income ($2,206.97) by $603.70. We filed a Chapter 7 bankruptcy case.

Our client owned non-exempt personal property worth $2,186.41, and, since she was entitled to personal property exemptions totaling $5,000.00, all of her personal property was exempt.

Our client was relieved when the trustee filed a report of no distribution. She got to keep 100% of her assets and discharged 100% of her debt!

This case was an excellent example of filing a personal Chapter 7 case to discharge business-related debt.

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