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Kaplan Law Group, PLLC | Commercial & Real Estate Litigators
  • Home
  • Our team
    • Charles I. Kaplan
    • Baltasar D. Cruz
    • Alan Notinger
    • Mark D. Wigder
    • Nicholas Veach
    • Deana Watts
    • Fathima Mumith
    • Christine Cole-Biederman
  • Practice Areas
    • Business And Commercial Litigation
    • Business Transactions Law
    • Real Estate
    • Creditors’ Rights
    • Criminal Defense
  • Testimonials
  • Blog
  • Contact
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  5. Saving the business vs. saving the owner 

Saving the business vs. saving the owner 

On Behalf of Kaplan Law Group, PLLC | Jun 23, 2025 | Business Law |

When your business hits a rough patch, the last thing you expect is for your finances to be dragged into the mess. But if you signed a personal guarantee on a business loan or contract, that is exactly what can happen. Suddenly, what felt like a business risk becomes a personal one, and the pressure grows fast. 

Many small business owners sign personal guarantees without fully understanding what they are agreeing to. It might have seemed like a formality at the time — just a box to check to get funding or seal a deal. However, during difficult times, that signature can mean creditors can pursue your home, savings or other personal assets.  

Protecting yourself without losing everything 

If your name is tied to business debt, you can protect yourself without making a bad situation worse: 

  • Review what you signed: Go back to the original agreement. Look for any limitations on the guarantee, such as caps, timeframes or specific debts. 
  • Talk to your creditor early: It is tempting to go silent when things get hard, but most creditors are more open to working things out if you reach out before payments are missed. 
  • Separate your finances. Confirm that your personal and business finances are not tangled. If they are, it is easier for creditors to make a case that your assets are fair game. 
  • Do not sign new guarantees under stress. You might feel pushed to take on more risky terms during desperate times. Pause before signing anything new, especially if it puts your name on the line again. 

Exploring these options could ease the burden and give you some breathing room when you need it most. 

It is easy to feel overwhelmed when trying to keep your business afloat and protect what you have built at home. Every choice matters. Therefore, it is wise to seek legal guidance from someone who understands the fine print and its real-world implications. 

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