I have a Florida LLC that has been in business since 2007. Because of the economy, the company owes $4800 to 7 clients who prepaid for advertisement to come on a print publication. I have doing this publicatins for years now but sales of ads dropped 75% and the LLC has no money to pay back this amount. The prepayments were consumed by overhead (markting etc). I am wondering if by dissolving the LLC I would be able to clear up these prepayments. The LLC has no money to pay anyone and it has no assets. I ran it out of my house (to reduce the overhead).
A) What do I have to do?
B) Will be be personally liable? The business has been conducted since 2007 as an LLC
C) Would I have to "declare LLC's bankruptcy throug courts", etc.?D) Is it better to write the 7 clients, tell them the bad news and that I am (or have just) disssolved the LLC)? Help! Thanks.
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: Nothing. The LLC is still operational although it has run out of money. I had to personally Loan it over $3000 in the past year but I have no more money to loan and the sales are not there.
Good morning,I'm sorry to hear of the situation.By closing down the LLC, and filing bankruptcy on its behalf, you would discharge the debts of the company---and that is what has to be done. You can not simply close the doors and avoid the creditors. You will need to file for bankruptcy on behalf of the LLC. Presuming that you have handled the LLC according to the law, kept your personal assets and the LLC's assets separate, then you will have no personal liability to the creditors, and the assets of the LLC will be liquidated in bankruptcy to pay the creditors, to the extent that any LLC assets exist.You should meet with a local bankruptcy attorney at your earliest convenience to plan your exit strategy.I wish you well.Doug
Hi Doug
1) Filing bankruptcy through a B. lawyer will cost as much as wht the LLC owed (plus minus) right? Is there a do-it-yourself way? Neither I nor the LLC has any money to do anything right now.
2) What if I write the 7 businesses (all hotels in Florida) tell them about the situation and say the LLC is illiquid, sales dismal and may be offer them a payment plan (say 25% of the $4800 over 12 months) which comes to $100/month?
3) if they do not accept the above, what options do they have against the LLC? Except for two accounts, the individual amounts are $399. I do not foresee them hiring a lawyer for that amount!
Al
Hi Al,You asked:
1) Filing bankruptcy through a B. lawyer will cost as much as wht the LLC owed (plus minus) right? It is pretty close to correct. Is there a do-it-yourself way? Not really Neither I nor the LLC has any money to do anything right now.
2) What if I write the 7 businesses (all hotels in Florida) tell them about the situation and say the LLC is illiquid, sales dismal and may be offer them a payment plan (say 25% of the $4800 over 12 months) which comes to $100/month?Any accepted settlement is better than nothing for you. Plaintiffs typically don't bother to sue if the amount involved is minimal and you appear insolvent. They would be better writing the loss off---as opposed to paying an attorney to sue for a judgment.
3) if they do not accept the above, what options do they have against the LLC? Except for two accounts, the individual amounts are $399. I do not foresee them hiring a lawyer for that amount! I think they will write it off rather than sue---I do agree with you in that regard.
I wish you success in winding down the business.
Doug
One last last thing Doug.
A) If I take the initiative (the high road) write them a circular letter, explain the situation and say that it would cost me (say $1000) to file bankruptcy for the LLC. But to avoid that, I will this money is available to all the 7 clients at 20% of their original amounts (if X paid $399, X gets back 20% x $399=$79.70), and so on. I am sure some will accept and other will not. Do I have to have 100% of ALL the 7 clients accept the deal otherwise it cannot be legally done?
B) If I all the 7 do not accept and I do nothing (meaning not file banruptcy since I will not have that kind of money) what specific options will they have? You mentioned sue for judgement. Can I counter that by officially dissolving the LLC with the State of Florida?
IN short, Doug, I am trying to avoid bankruptcy because of costs. If I had that kind of money, I would REALLY keep the LLC for possible future use. The annual fee is only $125 I think. I am thinking about the above optional courses: offer a settlement. If all the 7 do not accept, just sit tight and respond to all claims that the LLC is insolvent and hope that the storm passes by. You said they will not spend more money than what they are owed. Tks Al
A) If I take the initiative (the high road) write them a circular letter, explain the situation and say that it would cost me (say $1000) to file bankruptcy for the LLC. But to avoid that, I will this money is available to all the 7 clients at 20% of their original amounts (if X paid $399, X gets back 20% x $399=$79.70), and so on. I am sure some will accept and other will not. Do I have to have 100% of ALL the 7 clients accept the deal otherwise it cannot be legally done? You can settle with some and not all and it will still be a legal settlement.
B) If I all the 7 do not accept and I do nothing (meaning not file banruptcy since I will not have that kind of money) what specific options will they have? To sue you---that's it.You mentioned sue for judgement. Can I counter that by officially dissolving the LLC with the State of Florida? In order to dissolve an LLC with debts, you will have to satisfy the creditors or file bankruptcy. Here is a brief article:
http://info.legalzoom.com/happens-debt-dissolve-llc-4440.html
Experience: I am a practicing attorney with more than 27 years of experience in the legal field.