I kind of touched on this in another thread about another topic, but it didn't get answered along w/ the rest of my questions, so I decided to start a more specific thread. Hope that's OK!...
I'm opening a bar with my partner, as an LLC. For a portion of our startup costs we need to take out a loan. I'm not worried about paying off this specific loan, but I will have to personally guarantee it using my house as collateral. I've been told that personally guaranteeing a loan makes a member of an LLC easier to sue personally. My question is, does that mean it will only be easier for the bank I took out a loan from to sue me personally? Or if someone else sues the LLC some time in the future, will my personal guarantee of this loan basically ruin my limited liability? Will someone suing the LLC be able to see that I personally guaranteed a loan at some point, and get the house I put up as collateral for that loan? What about after the loan is paid off?
Basically, have I completely screwed myself over by guaranteeing a loan for the LLC? And if this is true, how the heck do LLC startups get extra funding?
Another question: what if we personally sign our commercial lease? Is that something we should, or even can, sign as an LLC?
Thanks for any help, I hope I'm misunderstanding this. I will of course have good liability insurance, but I'm really afraid of losing my family home so I want to know what I'm up against.
I'm opening a bar with my partner, as an LLC. For a portion of our startup costs we need to take out a loan. I'm not worried about paying off this specific loan, but I will have to personally guarantee it using my house as collateral. I've been told that personally guaranteeing a loan makes a member of an LLC easier to sue personally. My question is, does that mean it will only be easier for the bank I took out a loan from to sue me personally? Or if someone else sues the LLC some time in the future, will my personal guarantee of this loan basically ruin my limited liability? Will someone suing the LLC be able to see that I personally guaranteed a loan at some point, and get the house I put up as collateral for that loan? What about after the loan is paid off?
Basically, have I completely screwed myself over by guaranteeing a loan for the LLC? And if this is true, how the heck do LLC startups get extra funding?
Another question: what if we personally sign our commercial lease? Is that something we should, or even can, sign as an LLC?
Thanks for any help, I hope I'm misunderstanding this. I will of course have good liability insurance, but I'm really afraid of losing my family home so I want to know what I'm up against.
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