Debt responsibility for a small business that is going out of business.

Question Details: As owner and President of a small business ( S Corporation ) that is going out of business, do I have personal liability for any remaining debt of the business?

Asked 9/30/2009 under Bankruptcy | 205 View(s) | More Legal Topics

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Bankruptcy Law Answers

If you have been careful and maintained all the proper corporate records, and you haven't used the corporation as a shield while committing fraud, you shouldn't have personal liability for the unpaid corporate debts, as long as they were entered into by the corporation and not by you.

However if you signed a personal guaranty (as is often required on a commercial lease), that makes you personally liable, whether the business continues or not.

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