Legal Question in Business Law in California

Sale of Business / Default of Payments

If someone has agreed to buy your

business, including all debt and the

payments are defaulted on: who is

responsible for the debt?


Asked on 1/26/09, 12:06 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Sale of Business / Default of Payments

Whoever signed on the loans. Then they get to sue/counter-sue the defaulting buyer for indemnity. Good luck.

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Answered on 1/26/09, 3:26 pm
Robert Preskill Robert Preskill

Re: Sale of Business / Default of Payments

The short answer is that if your transaction was properly drafted, the person purchasing the business debt is responsible for the debt. Did the creditor sign off on the transfer? Was there an indemnification clause? Was the agreement properly executed? There are many questions I have. Feel free to contact me if you would like me review the documentation and consider representing you in a law suit.

Sincerely,

RP/415.377.3919

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Answered on 1/26/09, 1:48 pm


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