Can I form an LLC to protectthe business from my personal debt?

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Can I form an LLC to protectthe business from my personal debt?

I owe state/federal taxes, student loan, and other debt. A tax lien has been placed upon me. I am able to begin working part to full time now and have the opportunity to become a partner in a business that will be located in Louisiana. This is vital because it will give me an opportunity to pay off this old debt. My question is, since the state will have to be involved in formation of an LLC and state and federal tax ID numbers will be issued, will I be eligible to go into business and will the LLC business and my partner be protected from my bad debt?

Asked on November 14, 2011 under Business Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. If you wish to form a limited liability company or a corporation for a business venture in the future, you can do so and feel somewhat comfortable that the creation of this separate entity would be separate and distinct from any obligations for your prior personal debt and the entity and any members of it will have no liability concerning your prior personal debts.

The entity has to be run independently of your personal day to day business and be properly set up with the given state's secretary of state's office. I suggest that an experienced business attorney be consulted for the formation of the desired entity.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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