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Just started a business and may already be going under...what happens to our home, finances?

  • So here is the story. we signed a lease for 3 years for a store that already had some inventory and the buildout done. We were upfront and said we had little finance options. so to pay them for the good and buildout we had to pay a certain amount each of the 3 years. we used what little money we had to purchase some store items and more inventory. We were told their sign guy would work with us and work out a deal where we would be able to pay the sign guy a certain monthly amount. turns out this is false! we can not make rent because no one knows we exist without a sign. we cant get a loan for it, and for some reason he is blocking the sale of the store to anyone else. This makes no sense to me as if someone else buys the store and can pay him his money why would he say no to that? So at this point if he dont let us sell we will be forced to just leave the store and be screwed. So my question, then what are our options? I get we would be forced to pay that contract, but it aint gonna happen, no money for it. That being said would we have to file chapter 7, or 13, or is there a way to get rid of that debt without doing that. whats the difference between 7 and 13. Also, would we lose our home or cars since we dont actually own them we are just paying on them?

  • Answer:

    There are too many variables to answer the question well. Is it a corporation, LLC, or sole proprietorship? Depending on that answer, your personal assets may or may not be protected. If it were me, I would get any sign up there, even a homemade plywood sign, and I would get an A frame sign out by the road that comes in every night. If the landlord complains, I would remind them that your sign problem is rooted in their assertion that the sign guy was flexible. They may then put pressure on him to compromise. As a last resort I would point out to the sign guy that there are only three possible outcomes: you are successful in the business, you're not successful and you walk, or you're not and you sell. The only way he wins is to work with you on a compromise or allow you to sell. Finally, the worst he can do is put a lien on you and/or the business, which it sounds like he has. That just makes sure that if you sell, he gets paid off first. You should still be able to sell.

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