If I have a LLC business and get a loan but go out of business before it is paid off, will I be responsible personally for repayment?

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If I have a LLC business and get a loan but go out of business before it is paid off, will I be responsible personally for repayment?

If I get a business loan for $70,000 and go out of business before loan is paid off, am I or my partner responsible for loan or are we protected because it’s a business loan and we are an LLC?

Asked on April 8, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would only be liable if:

1) you personally guaranteed the loan, which you may be required to do--most lenders will not lend a small or new business money without a personal guarantee from an owner; or

2) creditors can show that the LLC was a pretense (e.g. you comingled personal and LLC money and/or diverted LLC money to your personal benefit) in which case they may be able to reach past the LLC to you personally.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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