Legal Question in Business Law in Iowa

Loan

I have had my business for over 20 years. I just ''loaned'' the company money ($10,000). Can I write a loan note for the amount of the loan? So that I can get my money back if the business fails? Or is it just an investment because I am the sole owner?

Thank you for all your help.


Asked on 11/11/06, 12:08 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Loan

It depends. If you're a sole proprietor or a partnership it wouldn't make too much difference anyway, because the creditors would have a direct road to all your assets, personal included.

If you have a corporation, you would be a mere creditor unless you secured it with some property.

The problem here would be what do you do when/if the business fails or goes bankrupt. You can't pay yourself off first before all the other creditors, and you can't cook up a plan to hinder, delay or defraud your other creditors, and that's what it might look like.

I've done a bit of legal work for small scale businesses in Iowa and I'd be happy to discuss the matter further if you ever find yourself up this way.

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Answered on 11/11/06, 12:19 am


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