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Are personal assets at risk during business bankruptcy?

On Behalf of | Jul 19, 2024 | Business Law

You may have a good business idea, but you know that you need to take out loans to get the business off the ground. You simply don’t have enough startup cash yourself. You could try to start the business on the side and build it up over time, but you may want to move more quickly than that. Applying for loans allows you to do so.

However, loans do not come without risk. If the business doesn’t pan out and has to declare bankruptcy or close its doors, you may not be able to pay those loans back.

In that situation, you certainly understand that you would lose the business assets. But would your personal assets also be at risk? For instance, could the lender try to take your home or your retirement account because you didn’t pay off the amount you borrowed to start your company?

Choosing the right structure

It depends on the business structure that you choose, so be sure to choose the right one. It’s very easy to start a business without considering the structure at all, and some people just take out loans in their own name. But doing this means that you would be liable for those loans personally, so your assets would be at risk.

A better option may be to set the business up as a limited liability company (LLC). If you do so, then only the business is liable for the loans taken out in its name. Even if that business goes under and you lose the company’s assets, your personal assets are safe. This allows you to take financial risks without worrying about the impact on your personal life.

As a business owner, be sure you know what options you have regarding financing, business structures and more. 

 

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