Personal Guaranty on Business Debt: Protect Your Personal Assets
Personal Guaranties on Business Debt and How to Protect Assets
Understand personal guaranties on business debt and learn strategies to protect your personal assets from business debt collection.
Understanding Personal Guaranties#
When you signed your business loan, you likely signed a personal guaranty making you personally liable for the debt. This means if your business can't pay, creditors can come after your personal assets including your home, savings, and other property.
Personal guaranties are standard for most business loans, but many business owners don't fully understand what they've signed until it's too late.
What Personal Guaranties Cover#
Personal guaranties typically make you liable for the full debt amount plus interest, late fees, and collection costs. They often survive business bankruptcy, meaning even if your business closes, you're still personally liable. They can lead to wage garnishment, bank levies, and property liens. They affect your personal credit, not just business credit.
Protecting Personal Assets#
If you've personally guaranteed business debt, take these steps to protect your assets.
- Understand your state's homestead and exemption laws
- Consider asset protection strategies (consult an attorney)
- Negotiate release of personal guaranty during settlement
- Explore business bankruptcy to discharge business debt
- Don't commingle personal and business finances
- Maintain proper corporate formalities to preserve liability protection
- Act quickly before judgments are obtained
Negotiating Personal Guaranty Release#
In many debt settlements, you can negotiate release of the personal guaranty as part of the deal. Creditors often agree to release personal guaranties in exchange for a lump sum settlement. This protects your personal assets even if you can't pay the full business debt. Professional negotiators regularly achieve personal guaranty releases as part of settlement agreements.
When Personal Bankruptcy Makes Sense#
If business debt with personal guaranties is overwhelming your personal finances, personal bankruptcy (Chapter 7 or 13) may be necessary. This is a serious decision that should only be made after consulting with a bankruptcy attorney. However, it can provide a fresh start when business debt threatens your personal financial future.
