Spring Hill, FL Bankruptcy Law Firms & Lawyers

You can, but it probably will not accomplish what you expect.  Corporations can file either Chapter 7 or Chapter 11 bankruptcy.  Chapter 11 is used to reorganize debts and stay in business.  Chapter 7 would be used to go out of business and have a trustee liquidate any assets of the corporation to pay its creditors whatever is available.  However, corporations do not receive a discharge of debts in a Chapter 7 case, so it is never really necessary to file a Chapter 7 for a corporation except to take away the responsibility of the corporate officers to sell the assets and pay the creditors.     The real issue in 99% of these types of cases are the personal guarantees and personal liability of the corporate officers.  If they are liable for any of the corporate debts, they are going to be liable regardless of whether the corporation files a bankruptcy case (unless, of course, the corporation pays 100% of the debt somehow).   So usually it is a personal/individual bankruptcy case that is warranted rather than a "commercial bankruptcy" as you stated.   

It seems that part of your question is about your credit score, which I cannot opine about. What I can tell you are a few basics, which your attorney could have told you, which are: 1. You MUST list all of your assets and ALL of your debts when you file a bankruptcy case. You don't get to pick-and-choose which debts are listed. 2. Most large lenders, whether secured or unsecured, check the bankruptcy courts NATIONALLY on a regular basis. So, if you forget to list all of your debts, some lenders will catch this for you. 3. Once you obtain a Discharge, unless you re-affirm a particular debt (usually only a secured debt like a mortgage or vehicle loan), all discharge-able debts (like a mortgage) are discharged. 4. The Discharge removes any PERSONAL liability owed to that secured creditor, BUT DOES NOT remove the lien the lender has on the property. 5. This means that the lender CANNOT try to collect the debt, but CAN foreclose against the property and CANNOT obtain a deficiency judgment against the individual (s) that received a Discharge. My question to you is why did you pay the lender for three years on a Discharged debt? The lender has no reason to reject a voluntary payment you made to it. Your attorney could have save you thousands of dollars if you asked. That is why you hire an attorney - to get good advice. If this debt was Discharged, it sounds as though someone may have made a mistake in reading your credit report since the debt was Discharged years ago. Some people at lending companies do not understand the effect of a Discharge and make mistakes. It sounds like your new mortgage company may have just made a mistake in reading your credit report.

This is a very broad question. To file bankruptcy, you need to provide 6 months of pay records, 2 years of tax returns and complete pre-bankruptcy credit counseling. A reputable bankruptcy attorney should determine what kind of bankruptcy is appropriate under the circumstances and help plan the case to avoid any missteps.