Q&A

Can personal creditors go after my LLC?

Can personal creditors go after my LLC?

Personal creditors cannot collect from a debtor’s LLC because, as a business entity, an LLC is considered separate from its members and so are its finances. Exceptions do exist, though, so always make sure you are compliant with the basic rules of operating an LLC.

Can student loans affect your LLC?

No. Loaning money to an LLC with the expectation that you will make a profit from that loan is an investment. Investment losses are tax deductible. But spending money on an investment is not a deduction of any kind.

Can creditors take your LLC?

Just as with corporations, an LLC’s money or property cannot be taken by personal creditors of the LLC’s owners to satisfy personal debts against the owner. However, unlike with corporations, the personal creditors of LLC owners cannot obtain full ownership of an owner-debtor’s membership interest.

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Can my personal debt affect my LLC?

Limited liability companies shield their owners from personal debts and obligations. If the debt is personal — such as a personal loan made to you as an individual rather than as an agent of your LLC — the LLC account cannot be garnished, unless an exception applies.

Can the owner of an LLC be sued personally?

Even in cases where an individual owner did not personally guarantee the debts of the LLC, you may still be able to sue an LLC owner personally. When piercing the corporate veil, courts may ignore the limited liability status of LLC members and hold them personally liable.

Can creditors come after your business?

Overview of Corporate Limited Liability If the corporation or LLC cannot pay its debts, creditors can normally only go after the assets owned by the company and not the personal assets of the owners.

Do student loans disqualify you from SBA loan?

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You Defaulted on a Student Loan The Small Business Administration requires that borrowers are current on all government loans to qualify for an SBA loan. Past defaulted government loans can disqualify borrowers as the SBA reviews defaults on federally backed student loans.

Can I get a SBA loan if I have student loans?

In short, having student loan debt doesn’t necessarily disqualify you from receiving small business loans for your startup. However, banks may be cautious about giving you a small business loan if they are concerned about your ability to meet your payment obligations.

Is LLC protected from personal liability?

Like shareholders of a corporation, all LLC owners are protected from personal liability for business debts and claims. Because only LLC assets are used to pay off business debts, LLC owners stand to lose only the money that they’ve invested in the LLC. This feature is often called “limited liability.”

Can a creditor garnish my business bank account for my personal debt?

It is possible for a debt collector who gets a judgment against you personally to pursue your business bank accounts, but it depends somewhat on how you structured the business. A debt collector would generally have to get a court order to garnish your bank account.

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Can personal creditors go after my business?

When you form a corporation or an LLC it becomes a separate legal entity apart from its owners. If the corporation or LLC cannot pay its debts, creditors can normally only go after the assets owned by the company and not the personal assets of the owners.

Does an LLC really protect your personal assets?