- Structure your business as an LLC to protect personal assets from being taken away in the event of a lawsuit or creditors claims.
- An LLC offers limited liability protection and tax benefits compared to other forms of business structures.
- Prepare for bankruptcy by talking to a reputable bankruptcy lawyer about options for filing Chapter 11 or 7.
- Set up ignored entities to provide certain benefits such as tax deductions and asset protection.
If your business is in debt, it’s important to know how to protect your assets from creditors. This guide will explain the steps you can take to protect yourself and your business. You can ensure that creditors don’t take away what you’ve worked hard to build with a few simple measures.
Structure Your Business as an LLC
The most basic way to protect your assets is by structuring your business as a limited liability company (LLC). An LLC is a legal entity separate from its owners or shareholders that protects their assets from being taken away in case of a lawsuit or creditor claims. That means if someone tries to sue or collect on debts owed by the company, they’ll only be able to go after the company’s assets—not the owners’ assets.
The Benefit of Limiting Liability Protection
The primary benefit of an LLC is that it limits liability protection for its owners. If creditors come after the company for payment, their claims cannot be made against the owners’ assets or property.
Instead, creditors can only pursue the company’s assets up to the extent that those assets are available. This is highly beneficial for protecting your personal and professional interests if something happens to your business.
Tax Advantages of an LLC
Another advantage of structuring your business as an LLC is that it offers some tax benefits compared to other forms of business structures. With an LLC, you can avoid double taxation because all profits pass through directly to its members and are taxed at individual income tax rates instead of at corporate tax rates.
Also, LLCs offer more flexibility regarding how you want to be taxed—you can choose whether you want to be taxed, like a corporation or a sole proprietorship/partnership.
Prepare for Bankruptcy
When all else fails, you can prepare your business for bankruptcy. This means talking to a reputable bankruptcy lawyer about options for filing for Chapter 11 or 7 bankruptcy and the legal ways to protect yourself from creditors during this process. Bankruptcy can be difficult, but it’s also important to protect your personal and professional interests in case of a financial crisis.
In addition, you may want to talk to a reputable financial advisor about other ways you can protect your business assets from creditors. They can provide more detailed advice about the best structure for your business and any other measures you need to take to ensure that your assets are properly protected.
Set Up Ignored Entities
Another way to protect your business assets is by setting up ignored entities. Ignored entities are corporations or trusts that have no direct relationship with the main business but still provide certain benefits, such as tax deductions and asset protection.
By separating certain activities into an ignored entity, such as owning real estate, you can keep those activities out of the reach of creditors while still enjoying the income they generate.
Create Blanket Liens Against All Assets
A blanket lien applies to a company’s personal and real property. Companies often use blanket liens as security interests when borrowing money. This lien provides legal protection for the lender in case a borrower fails to repay the loan. It also gives lenders authority to take possession of the borrower’s assets if they fail to make payments on time.
How Blanket Liens Work
A blanket lien gives a lender control over any or all of the assets owned by a debtor. These assets can include accounts receivables, bank accounts, equipment, inventory, real estate, and other types of tangible property. When a borrower fails to make payments on their loan, the creditor can seize these assets as collateral until the debt is resolved.
Benefits of Blanket Liens
Blanket liens are beneficial for both lenders and borrowers alike. For lenders, this type of lien offers more excellent protection against non-payment than other forms of security interest because it covers all of a borrower’s assets instead of just one or two specific items. For borrowers, having a blanket lien gives them access to capital that may otherwise be unavailable due to their lack of collateral or creditworthiness.
Protecting your business assets from creditors doesn’t have to be complicated; several measures you can take today will help shield them from potential losses. Structuring your business as an LLC, setting up ignored entities, and creating blanket liens against all of your assets are just some of the steps you should consider taking if you want to ensure that what you’ve built isn’t taken away by creditors in the future.