NV llc partnership

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NV start up LLC used half of the original investment. So far had negative revenue but still has 20,000 in the bank. Could company declare bankruptcy and not pay obligations?

Attorney Answers

2
Michael Doland ·
You should not take such a drastic step without consulting with an attorney who can evaluate your facts and give you detailed analysis and advice.
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Arthur A. ZorioLitigation LawyerReno, NV ·
It is likely you have many facts to consider and you might have options. Before you consider filing for bankruptcy you need to consult with an attorney. Some basic things you need to consider are: (1) If you (or other members of the LLC) personally guaranteed any obligations, the company's bankruptcy filing will not prevent creditors coming after you individually; (2) Potential creditors may be able to come after you (or other members of the LLC) individually because there are theories about how to reach the owner(s) of a company for the company's debt -- i.e. piercing the corporate veil – under some circumstances; and (3) if you (or other managers of the LLC) have unpaid wages owing to employees, you may personally be responsible for those sums even if the company files for chapter 7. See Boucher v. Shaw, 572 F.3d 1087 (9th Cir. 2009). One option is to consider raising capital. Another may be to sell the company -- if the business model has some appeal even though it has been losing money. Best regards,
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