LLC member personally guaranteeing a loan

[california]

I kind of touched on this in another thread about another topic, but it didn't get answered along w/ the rest of my questions, so I decided to start a more specific thread. Hope that's OK!...

I'm opening a bar with my partner, as an LLC. For a portion of our startup costs we need to take out a loan. I'm not worried about paying off this specific loan, but I will have to personally guarantee it using my house as collateral. I've been told that personally guaranteeing a loan makes a member of an LLC easier to sue personally. My question is, does that mean it will only be easier for the bank I took out a loan from to sue me personally? Or if someone else sues the LLC some time in the future, will my personal guarantee of this loan basically ruin my limited liability? Will someone suing the LLC be able to see that I personally guaranteed a loan at some point, and get the house I put up as collateral for that loan? What about after the loan is paid off?

Basically, have I completely screwed myself over by guaranteeing a loan for the LLC? And if this is true, how the heck do LLC startups get extra funding?

Another question: what if we personally sign our commercial lease? Is that something we should, or even can, sign as an LLC?

Thanks for any help, I hope I'm misunderstanding this. I will of course have good liability insurance, but I'm really afraid of losing my family home so I want to know what I'm up against.

[california]

Is there something I can put in the wording of the cover letter for the lending company? Something about requesting the loan as party to the LLC? (Sorry , not sure of the proper wording here).

[california]

Aww shoot, I put this in the wrong forum - anyone know how to move it to the Legal forum?

[Freelancier]

Let's do a reality check on your concept and see how it holds up.

You've started an LLC. Lots of people do that. You took out a loan and passed the money to the LLC to fund operations. Lots of people take out loans or take money out of their retirement accounts when they start their new business and otherwise put personal money at risk (it's called "owner's equity") to keep their business going.

Would that cause you to lose your liability shield? Not unless LOTS of people have inadvertently lost their liability shield doing this and it would make self-funding a corporate/LLC startup impossible.

So I call BS on the concept.

Your best bet, of course, is to have a good lawyer on speed dial for questions like this.

[california]

Let's do a reality check on your concept and see how it holds up.
Would that cause you to lose your liability shield? Not unless LOTS of people have inadvertently lost their liability shield doing this and it would make self-funding a corporate/LLC startup impossible.


Exactly -- I was really taken aback to hear that personally guaranteeing a loan could make it much easier to pierce the LLC veil. Why would SO many people form LLCs if that was true? Phew. I understand that I'd be personally liable for the loan in question, of course, which is more reasonable. Thanks, Freelancier.