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You can do it but I don't recommend it sole prop or not. I am a sole prop and decided to file with an attorney. See the post at my blog on this very subject (link below) Good luck to you. http://californiabankruptcycentral.blogspot.com/2010/06/should-you-file-bankruptcy-pro-se.html

Someone else wrote:

Sure. But why? The fact that you have to ask such a basic thing means your probably NOT really capable of getting a good result, and in fact may end up not jut a bad one but a criminal one, handing it by yourself and not understanding what something actually meant....you need expert assistance plain and simple.

Note: this text is the reason for the question: "An entity which is not an individual may not appear in bankruptcy court unless represented by an attorney authorized to practice under Local Rule 9010-3."

And your failure to understand that most simple and basic of rules.....even more simply exlpained than as taught in Business 101...a sole Proprietor is NOT an entity and IS an individual...(and to not understand that if it was anything other than an individual...the individual (presumably YOU and your assets/debts), wouldn't be the one filing for BK....but the proprietorship isn't filing...YOU personally are, on all your "personal" and "business" dealing (including that "primarily" business dealing....however YOU define that),failing to understand they are one and the same...because you is it!

BASICS: Sole P defined (as in a HIGH SCHOOL level business text): (but of course as you say you are one, it's more than reasonable to think you would know what the heck YOU are):

A sole proprietorship is a business owned and operated by one individual.

Legally, if you set up your business as a sole proprietorship, your business is considered to be an extension of yourself. Therefore, as a sole proprietor, you are personally responsible for all the liabilities and obligations your business incurs.

This means that if the business fails, any of your assets, including your personal assets, can be seized to discharge the liabilities owing.

GET HELP BEFORE YOU DO YOURSELF (or maybe the sole p...which who cares about right?)...TERRIBLE HARM!

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Q: Can a Sole Proprietor file for Chapter 7 bankruptcy Pro Se if their debt is primarily business related?
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What are the difference between Chapter 7 vs Chapter 11?

The difference between Chapter 7 bankruptcy and Chapter 11 bankruptcy is what happens to a party during the process. Parties undergoing chapter 7 bankruptcy must sell of their assets in an attempt to pay off dept. Chapter 11 allows for one to attempt to maintain their assets. During chapter 11 bankruptcy the party must negotiate with creditors to stay afloat.


How can the homestead exemption help against foreclosure in a possible Chapter 13 dismissal?

It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.


Can property taxes be discharged in chapter 7 bankruptcy in Texas?

TAXES in CHAPTER 7sorry to tell you , but in Texas property taxes can not be discharged in any bankruptcy.As laws change every year it would be best to check with the city you live in


If you received a dismissal with prejudice on a chapter 13 with a one-year bar can you get around this in order to stop a foreclosure?

No. Once the court has dismissed any bankruptcy with prejudice the time limit for refiling is set by bankruptcy laws or by the bankruptcy judge. The order can only be rescinded or amended by the issuing judge or the appellate court when verifiable evidence is submitted proving the dismissal was in error.


Does a bankruptcy discharged in May of 1997 come off your credit report now since it was before the law changed to 10 years?

The statute of limitations on reporting chapter 7 bankruptcies for 10 years has been in place for many years prior to the Fair Credit Reporting Act being amended in 2003. A chapter 7 bankruptcy can be shown on your credit for 10 years from its date of discharge.

Related questions

What protection does Chapter 11 Bankruptcy offer?

Chapter 11 is the bankruptcy code issued to a business who files for bankruptcy. This type of bankruptcy protects a business and will allow it to get running again. If a business fails and applies for chapter 7, they must sell everything and give the proceeds to creditors. A person on chapter 11 does not have to do this.


What is the definition of Chapter 11 bankruptcy?

To somewhat oversimplify: Chapter 11 is "reorganization" for Corporations or a business, & Chapter 13 is a very similar thing for people. Debts and life are paid off/down and things re-organized. Chapter 7 is flat-out, busted-broke bankruptcy - out of business, not a penny left.


Difference of chapter 11 and chapter 7?

In chapter 11 bankruptcy, a business (usually) is trying to stay open by modifying its debts and getting rid of some. In a chapter 7 bankruptcy, a business is liquidating itself and usually has to shut down as a result.


Can anyone file for Chapter 11 bankruptcy or just businesses?

Chapter 11 bankcrupty protection can be initiated by anyone: any business (corporation, partnerships, sole proprietorship) or individuals; though it is primarily used by corporate entities.


Can you own your own business while going through bankruptcy?

Depends on the type of bankruptcy you are filing. Generally a personal bankruptcy does not effect your business, and vise versa. However, if your business is filing bankruptcy, a Chapter 11 reorganization will allow you to stay in business.


What kind of services do business bankruptcy lawyers offer?

A business bankruptcy lawyer can guide your business through the bankruptcy process, and ensure that you can maintain as much of your assets as possible while undergoing the bankruptcy process.


What is the difference between a Chapter 7 and a Chapter 11 business bankruptcy filling?

In Chapter 7 bankruptcy, assets of a business are sold to help pay back their debts. In Chapter 11, businesses can keep their assets and try to negotiate new terms with their creditors.


What is the chapter 11 of the bankruptcy law all about?

The chapter 11 of the bankruptcy law permits reorganization under the bankruptcy laws of the United States of America. Chapter 11 is available to every business and to individuals, although it is mostly used by businesses.


What is chapter 8 bankruptcy?

There are six types of bankruptcy under the Bankruptcy Code, located at Title 11 of the United States Code: * Chapter 7: basic liquidation for individuals and businesses; * Chapter 9: municipal bankruptcy; * Chapter 11: rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets; * Chapter 12: rehabilitation for family farmers and fishermen; * Chapter 13: rehabilitation with a payment plan for individuals with a regular source of income; * Chapter 15: ancillary and other international cases. The most common types of personal bankruptcy for individuals are Chapter 7 and Chapter 13. As much as 65% of all U.S. consumer bankruptcy filings are Chapter 7 cases. Corporations and other business forms file under Chapters 7 or 11. Source: http://en.wikipedia.org/wiki/Bankruptcy#Chapters


Can we purchase a business from a chapter 11 debtor?

Yes, with bankruptcy court approval.


Can a landlord evict a business tenant while there in chapter 13 bankruptcy?

A business cannot file a chapter 13. But a person can be evicted if he does not pay rent.


How many bankruptcy chapters are there?

The most popular that I know if Chapter 11 which is rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets. Chapter 12 is rehabilitation for family farmers and fishermen and Chapter 13 is rehabilitation with a payment plan for individuals with a regular source of income. Chapter 7 is basic liquidation for individuals and businesses; Chapter 9 is municipal bankruptcy; Chapter 15 is ancillary and other international cases.