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I am filing a chp 13 bankruptcy.  I own a commercial building that is not currently in operation but I would like to keep my building and open a business in it.  The building still has a  SBA mortgage on it along with employee 941 taxes owed to the IRS by the previous business that closed five years ago.  If the building is in my previous business name, do I have to include the taxes and building note in my chapter 13?  

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You wrote that you -- an individual -- are filing BK.  However, it appears that you don't own the building ("the building is in my previous business name").  You also wrote that "[t]he building . . . has . . . employee 941 taxes owed," but that doesn't make any sense.  A building cannot owe taxes.  You also told us that the building is encumbered by a mortgage, but you didn't tell us who the borrower on the mortgage is.

 

With all that being said, if you have or may have personal liability for the taxes mentioned, then they need to be included in Schedule E to your bankruptcy petition.  Likewise, if you are or may be personally liable for the mortgage, it needs to be included on Schedule D.  Hire a bankruptcy lawyer to make sure you do all this correctly.

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Although the business may own the building, if you own the business then the building is an asset to be dealt with in the bankruptcy.  Upon filing, everything you own "belongs" to the bankruptcy court.  So the bankruptcy court will own the business that owns the building.

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