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Re:Fucking Sue Me by analyst74 on Sunday September 11, 2011 @08:25PM (#2985315)
Personal liability would be a nasty thing to deal with after your business failed. And you may not get to start another company with a huge personal debt.
Re:Fucking Sue Me by nknight on Sunday September 11, 2011 @08:32PM (#2985342)
I wouldn't sign a contract for personal liability on something that big, but bankruptcy law exists for a reason.
Re:Fucking Sue Me by vacri on Monday September 12, 2011 @02:24AM (#2986080)
Didn't the US essentially nullify bankruptcy laws towards Bush's second term? As in, you can declare bankruptcy, but it doesn't clear your debts?
Re:Fucking Sue Me by nknight on Monday September 12, 2011 @02:46AM (#2986115)
Uh, no. You're thinking of BAPCPA, which sucked, but was a far cry from what you're suggesting. Chapter 7 (straight liquidation) is harder but still very possible, especially if you've just been slapped with a multimillion-dollar verdict, while Chapter 13 (individual reorg) came out mostly intact, and 13 does result in discharges (but there are limits to the amount of debt you can have and qualify for 13).

BAPCPA: http://en.wikipedia.org/wiki/Bankruptcy_Abuse_Prevention_and...

Chapter 7: http://en.wikipedia.org/wiki/Chapter_7,_Title_11,_United_Sta...

Chapter 13: http://en.wikipedia.org/wiki/Chapter_13,_Title_11,_United_St...

Re:Fucking Sue Me by vacri on Monday September 12, 2011 @07:16AM (#2986700)
Cheers, thanks for the info.
Re:Fucking Sue Me by gnu6 on Sunday September 11, 2011 @08:41PM (#2985370)
It's so easy to incorporate it should always be done. I assume when someone starts working with that kind of money and has knowledgeable lawyers advising them that they'll be told to do that.
Re:Fucking Sue Me by nknight on Sunday September 11, 2011 @09:00PM (#2985409)
The point is that signing a contract for personal liability negates the incorporation.
Re:Fucking Sue Me by rprasad on Sunday September 11, 2011 @08:51PM (#2985393)
Incorporating without sufficient capital makes it almost trivial to "pierce the veil" of incorporation and go directly after the company's owners.
Re:Fucking Sue Me by gnu6 on Monday September 12, 2011 @11:34PM (#2989833)
That seems somewhat backward, because it would discourage those with limited assets from starting businesses and trying to improve their situation.