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Are corporate officers responsible for corporate debt?

Writer James Rogers

Limited liability protects shareholders, directors, officers and employees against personal liability for actions taken in the name of the corporation and corporate debts. Ordinarily, an officer of the corporation, whether also a shareholder, director or employee, cannot be held personally liable.

What are owners of LLC called?

3 LLC owners are generally called members. 4 Many states don’t restrict ownership, meaning anyone can be a member including individuals, corporations, foreigners and foreign entities, and even other LLCs. Some entities, though, cannot form LLCs, including banks and insurance companies.

What happens when a corporation or LLC closes its doors?

When shutting the doors of a corporation or LLC, the corporate officer or the LLC’s managing member must sell off (liquidate) the company assets and distribute the funds to the creditors. Notice of proper closure must be filed with the secretary of state.

What happens when a LLC files for bankruptcy?

Because these types of businesses don’t receive a bankruptcy discharge, filing for bankruptcy has limited value. And it can open the door to lawsuits that transfer debt liability from a company to an individual. Read on to learn about how Chapter 7 bankruptcy can help corporations and LLCs, as well as pitfalls that you’ll want to avoid.

Can a director and officer of a corporation file bankruptcy?

Previously, I wrote about the alternatives that directors and officers can explore outside of bankruptcy if a corporation is facing financial problems. However, sometimes bankruptcy is the only choice.

Can a creditor still collect from a corporation after bankruptcy?

Instead of a discharge, since the Chapter 7 bankruptcy closes the corporation and renders it non-operational, a creditor cannot continue trying to collect from a corporation once it is closed since there are no assets left in the company.