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    November 2009
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Business credit card & bankruptcy

Business bankruptcy, Credit cards

Credit cards the business owner thinks of and uses for business may not be a debt of the business at all.

Andy Miofsky addressed the fact that where the shareholder has guaranteed the debt of the corporation, the shareholder’s discharge in bankruptcy doesn’t relieve the corporation of liability.

Lots of owners of incorporated small businesses have funded business operations on credit cards.  The card may have the business name on the plastic, but often the corporation is not contractually obligated on the debt.

Where that is the case, the discharge of the shareholder’s liability on the card may have no impact at all on the corporation.

The difficulty in these cases is getting possession of the credit application and determining precisely who is liable.

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