Legal Question in Credit and Debt Law in Missouri

My partner and I are owners of a small engineering firm in St. Louis, Missouri. We are registered as a corporation but most of our loans and contracts have required us to make personal guaranties to pay back any loans. The total amount of our bank loans and amounts we owe on credit cards is approximately $250,000. My wife and I are seriously considering paying 50% of the company's debts and just being an employee of the company. My question is if we do take this course of action is there a way to guarantee that she and I are totally severed from any remaining financial obligations the company will still have? Would it be better if I totally left the company and not remain as an employee? Just in case it is a factor my wife and I live in Illinois.

I appreciate any advice you can provide regarding this issue. Thank you.


Asked on 12/02/09, 5:54 pm

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. Judging solely by the amount of debt you indicate, and without knowing the assets or organization of the company, I would imagine that separating yourself from any existing debt of the corporation could be a more complex undertaking than paying off 50% of the debt. There are likely plenty of laws, and even numerous areas of law, that come into play with this type of transaction. Business law, tax law, and contract law all are involved. Business law is not my personal area of practice. I focus my St. Louis practice on personal injury, workers' compensation, and creditor-debtor issues. The one thing I can say with confidence is that you would certainly benefit from having a detailed telephone or in-person discussion with an attorney who specializes in business law, and perhaps by having an attorney oversee the transaction.

I do know attorneys in the St. Louis area who have extensive knowledge and years of experience in the area of corporate, business, and tax law, however. It would be advisable to consult with such an attorney.

I can be reached via e-mail at [email protected], or phone at (314) 471-5585. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 12/07/09, 11:15 pm


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