Planing to open a business in Il. under a LLC. financing will be on credit cards. Will my debt be covered under a bankruptcy?

I have business credit cards under my name that i will be using to finance my business with. If i have to file bankruptcy under my LLC business will those credit cards be included? thanks so much for your advice

Woodstock, IL -

Attorney Answers (3)

Jeffrey Morris Jacobson

Jeffrey Morris Jacobson

Business Attorney - Naperville, IL
Answered

First, don't start a business that you are concerned on filling bankruptcy. Next, your credit cards are your responsibly. Get credit cards in the llc name. Otherwise, you are a creditor to the llc. Your credit cards will not be discharged.

Michael Leo Potter

Michael Leo Potter

Estate Planning Attorney - Las Vegas, NV
Answered

Normally business liabilities of the business don't go through to the LLC Members. However, that may not be the case if you are a personal guarantor of the debt. Check with the Business Law attorney who is forming your LLC. Good Luck!

Dorothy G Bunce

Dorothy G Bunce

Debt / Lending Agreements Lawyer - Las Vegas, NV
Answered

If the credit cards were opened under your name, the LLC isn't legally responsible for paying them & bankruptcy of the LLC won't affect them. Plus, bankruptcy of the LLC won't discharge any of the LLC's debts, it will only provide for liquidation of the assets of the LLC. Frankly, most of the money in this kind of liquidation will go towards paying legal fees, so filing a bankruptcy for an LLC is usually a bad idea. Meet with a local bankruptcy attorney for advise before you shoot yourself in the foot. Hope this perspective helps!

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