QUESTION

If I sell my business. Can the creditor still sue me? Can the creditor go after the new owner?

Asked on Jan 30th, 2015 on Bankruptcy - Illinois
More details to this question:
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1 ANSWER

The answer is that it depends.  There was not enough information given.  All that is clear is your need for an attorney to protect you and draft the Sale that you are envisioning. As a Buyer, that individual is interested in the assets, not the liabilities.  The Buyer may only "buy" through an asset sale, not a business purchase.  By doing so, the Debts may not be included in any such transaction and left either in the business or to the Guarantor to payment. The Creditors may have also insisted initially (or when default occurred) that you either Co-sign or otherwise guarantee payment.  If this occurred, you remain personally liable.  This will be despite any Sale (as you entered into a payment agreement with the Creditor)  Any Sale, therefore, needs to include both the assumption of any debt AND a provision that you be held harmless on the debt.  Only by payment of the Buyer will you then be "protected."  All the debts need to be reviewed individually to truly address this possibility. It, therefore, appears that you need an attorney for advise on what debts are really guaranteed, the best method for purchase, and the rights/obligations involved.  From that a fair price for Sale can be gathered.  Plus the Sale terms will be clear (and it outcome as to Debts and the like will be apparent), which should also protect you going forward.
Answered on Feb 04th, 2015 at 5:49 AM

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