QUESTION

Brother In Law signed husbands name

Asked on May 29th, 2014 on Civil Litigation - Alabama
More details to this question:
To many loans against the business and loss joint property owned by family unrelated to business. My husband has had a stroke and will sign power of attorney for me to take action against the loss and our now having to file bankrupsy, what type lawer do I need?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If I understand you correctly, your brother-in-law forged your husband's name to loan documents, and then defaulted on the loans.  It is not clear to me whether the "business" was obligated on the loans, or your husband personally, or both.  If there was no bankruptcy, whichever party lost money (whether it be the business, assuming the business is a separate legal entity like a corporation or llc, or your husband) could sue your brother-in-law, and any attorney familiar with litigation could help you.  Unfortunately, if your brother-in-law defaulted on loans, there will be many creditors after him and he may not be able to pay any judgment. The bankruptcy presents other problems as well.  Any claims against your brother-in-law by the party filing bankruptcy (whether it be your husband, the business, or both) WILL BELONG TO THE BANKRUPT ESTATE NOT TO YOUR HUSBAND OR THE BUSINESS.  It is the trustee in bankruptcy who will have to pursue these claims on behalf of the bankrupt's creditors, not your husband.
Answered on May 29th, 2014 at 2:57 PM

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