Legal Question in Business Law in Florida

I had a business with partners until about 4 months ago when one of my partners quit and took all the money. Then, 2 1/2 months ago I was evicted from the space I was leasing (5 year lease - I was a personal guarantor). The eviction was not handled in court but I had been requested to either pay or vacate by a certain day and after I tried to make payment arrangements with the landlord, which he refused, I agreed to leave the space. This eviction caused the business to close. About two months ago, I started a new business (same industry) under an LLC where I am the sole member.

I am now being sued for monetary damages for the remainder of the lease from the previous landlord. Is my business AND it's income protected against this lawsuit? If it isn't protected, can I declare bankruptcy to remove the judgement, once ordered, and still keep my business?

I am a single mother with no other form of income (child support ordered but not collected). I do not have any other assets with exception to my vehicle which is owned, not financed (95 plymouth) as I do not own my home (renter). I am worried that I am now going to lose my business which is starting off to be very successful.


Asked on 10/19/09, 9:40 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The new LLC is nor subject to suit for rents of prior company.

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Answered on 10/19/09, 9:47 am
Sarah Grosse Sarah Grosse, Esquire

You should be okay, but you need to file everything properly.

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Answered on 10/19/09, 9:51 am


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