QUESTION
Can I be sued an liable for a company contract , in which the Corp filed BK 3 years ago?
Asked on Feb 09th, 2012 on Business Law - Alabama
More details to this question:
I Filed BK on my company in 2010, we refunded over $283,000 to all past clients and gave notice for 90 days for claims. I was recently served a summons for a civil case from a client in 2009. All they want is there money back and I have spent hours trying to help the attorney assist her client, but they decided to file a lawsuit against me as an officer of the corp, ME personally and even my Wife despite her never being an officer or having any ownership.
I have called the attorney to ask why he is doing this, but he just states he wants money and keeps referring to me as " boy" I just want help and or clarification on how to make this go away with settling or paying $3k in attorneys fees which is the same cost it would be to settle.
1 ANSWER
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It is unclear from the manner in which your facts are posted whether this is a debt of the "company" (a corporation?) and whether it has been discharged in bankruptcy. If it is a corporate debt discharged in bankruptcy and for which you are not personally liable, it may be possible to file a motion to dismiss the lawsuit against you. Moreover, there may be sanctions available to you against the plaintiff for suing on a discharged debt. Unfortunately, it will be very difficult for you to assert these defenses without the services of an attorney.
Answered on Feb 10th, 2012 at 11:11 AM