Our company is an LLC and we had a loan with Kabbage. The business fell on a tough time and we were unable to make the payment. We tried working out arrangements with them and they would not accept what we could afford to pay them. My husband and I are members of the LLC and my husband was the guarantor on the loan. Garbage is now looking to go after the business and the guarantor for the monies owed. Can they come after me in addition since I’m a member of the LLC but I did not agree to secure the loan?
This question is hard to answer without seeing the underlying LLC documents or the terms of the loan. If your husband was the sole personal guarantor, the implication is that you would not be personally liable to guarantee the loan, even though you are a member of the LLC. The rationale is that the point of people creating the LLC entity is to specifically protect their personal interests from those of the LLC.
However, should your husband transfer his personal assets to you with knowledge of the lender's pending collections action with the intent to frustrate the lender's attempt to collect the debt, any transfer could be challenged as a fraudulent transfer. To be clear, the lender could not do this by right. The lender would need to file a lawsuit and prove to a judge that the transfer was fraudulent (i.e. it will take them extra time and money). Whether or not that happens would probably depend on how much money they loaned you and yoru husband.