đź“° Breaking News: Lessons Learnt & Insights from DSTBTD Restructuring Plan

Can I lose my house if the company goes under?

Whether you can lose your house if your company fails depends entirely on your personal exposure through guarantees and security arrangements. If you have signed a personal guarantee for company debts—common with bank loans, commercial mortgages, or significant supplier credit—and that guarantee is secured against your home, then yes, creditors can pursue your personal assets including your house if the company cannot pay. Many directors sign such guarantees without fully appreciating the consequences, particularly in the early optimistic stages of business. Even if you haven't explicitly secured debts against your home, if you've given a personal guarantee and cannot repay when the company fails, creditors may obtain a charging order against your property or pursue bankruptcy proceedings, which could ultimately force the sale of your home. However, if you haven't signed any personal guarantees and the company is properly structured as a limited liability entity, your home should be protected—the principle of limited liability means company debts remain with the company, not with you personally. The exceptions are if you've been found guilty of wrongful or fraudulent trading, or if you've misused company funds in ways that make you personally liable. Directors should urgently review any documents they've signed, particularly loan agreements, lease guarantees, and supplier contracts. If you discover you have guaranteed debts, seek legal advice immediately about your options, which might include negotiating with creditors to release guarantees in exchange for structured repayment, or considering whether entering administration or CVA might reduce your exposure compared to letting the company collapse into compulsory liquidation. The emotional stress of potentially losing your family home is immense, which is why honest, early conversations with professional advisers and your spouse are essential to understand the true extent of risk and explore protective measures before matters escalate.

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