QUESTION

Business Card Closed by Bank, Sold Business, Buyer of Biz Wants To Pay Off, but I am filing for Bankruptcy, Business Tax ID, but my SSN for Prs Grntee

Asked on Apr 15th, 2021 on Banking Law - California
More details to this question:
I sold my company to my fmr biz partner. Since he purchased he assumed all the debt, cards, lines of credit, etc. Since we were 50/50, some credit was under my SSN as the Pers Grntr, some was under his. Fast fwd 3 months after I left, bank called me stating they were shutting down everything for something that happened on his end, so he cost me my 2 personal cards and himself the biz card. Fast fwd again, im in divorce now, she ruined my credit, if I dont pay the biz card, what will happen? Does the bank go after the biz and ein, me as the PG + my SSN or both? I am filing for bankruptcy I figured what the heck...between the bank and ex wife, my credits already shot...whats the absolute worse that could happen if I dont pay or he doesnt pay? However, does the bank have recourse against the biz or can I tuck it in with my bankruptcy? Thank you!
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1 ANSWER

Bankruptcy Attorney serving Folsom, CA at Law Office of Gerald L. White
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Generally banks do not lend to closely held partnerships, LLCs or corporations without the personal guarantee of an owner.  Commonly the owners borrow in their personal name and use the proceeds for the business.  When the account is not paid, the lender will call and write the person who is contractually liable to collect.  If that doesn't work, the lender may sue the person or persons who are legally liable for the account to obtain a court judgment that gives them greater rights to collect like garnishing wages, levying upon bank accounts or other property, recording an abstract of the judgment with the county recorder that creates a lien upon real property in the liable person's name.  The lender can sue each person or business entity that is liable for the full amount, not just part depending on how many persons or entities may be liable. Filing a bankruptcy results in the emmediate imposition of a temporary order, the automatic stay, prohibitnig all actions to collect the debt.  Bankruptcy normally results in a discharge order that permanently prohibits the lender from taking any action to collect the obligation.  It will stop a lawsuit, wage garnishment and levying upon property forever.  But the bankruptcy only protects the person who files it; the petitioner.  Not the co-debtor business, or partner in the business.  Bankruptcy can have some negative consequences.  The petitioner gets to keep certian property called "exempt property".  But any property of value that is not exempt can be sold by the bankruptcy trustee to generate funds to pay creditors. Property transerred in the last 2 years can be recovered by the trustee if the debtor did not receive equal value for the property.  Some payments made to certain creditos may be recovered by the trustee as well.  So when considering bankruptcy, one is wise to consult with an experienced bankruptcy attorney who can evaluate and explain all of your options and all of the likely consequences of your case.  And in most communities the bankruptcy attorney will provide a free initial consultation.  Good luck.
Answered on Apr 19th, 2021 at 8:13 AM

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