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Corporate & Bankruptcy

Business Bankruptcy With Personal Guarantee

The company's relief and yours are two different questions. A guaranty signed years ago is a promise made in your own name, and it does not travel with the business into the case.

Reviewed

01 GUIDE

Business Bankruptcy With Personal Guarantee: what usually happens

Why the signature outlives the company

Landlords, equipment lessors, franchisors, small business lenders, and merchant advance funders routinely require an owner's signature before extending anything. Some owners remember signing. Many do not, because the language sat inside a credit application, a lease rider, or a renewal that was signed quickly during a busy season. Spouses are sometimes drawn in as co-signers on the same page, occasionally without a separate conversation about what it meant. When the company stops paying, the lender is not required to wait for the business case to finish before turning to whoever signed.

Read the document before deciding anything

Not every guaranty reaches as far as the lender's demand letter suggests. Some are capped at a stated amount, some cover only a specific obligation rather than everything now and later, and some require the creditor to exhaust the company's collateral first. Others are continuing and follow every renewal automatically. Whether property was pledged as security, and which state's courts handle enforcement, also change the practical picture. We would rather read the actual signature page than respond to a summary of it.

Sequencing the two problems

Filing for the company can accelerate the demand on the guarantor rather than quiet it, so a business bankruptcy with personal guarantee exposure is planned as one matter with two halves. Sometimes the guaranty is negotiated down while the company winds up. Sometimes the owner needs relief in their own name as well, and the order and timing of the two steps affect what is available. What we avoid is resolving one half and discovering afterward that it made the other half worse.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about business bankruptcy with personal guarantee and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.