Legal Question in Bankruptcy in Florida

Bankruptcy

My husband opened an audio business in 2003 with a loan. The business couldn't stay afloat and was dissolved in 2005. We now live in Texas, but before we moved we contacted a local attorney about filing bankruptcy who informed us that once the corporation was dissolved everything was dissolved right along with it. Well, apparently that was bad advice because we are now being contacted by a collection/legal firm representing the loan co. We don't know what to do at this point, so we need some sound legal advice.


Asked on 11/14/08, 6:25 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Bankruptcy

First, why on earth would you ever believe anything a collection agency says? I'd accuse collection agents of worshipping the devil, but in my business you quickly learn that the devil worships them.

Next, your lawyer was probably right. Unless you or your husband personally guaranteed the debt in writing, you aren't liable. If you still have the old contract, check it and see. If not, demand a copy of it from the collection agency. They probably don't have it, so you may be able to safely notify them in writing to leave you alone. The debt may be past the statute of limitations, anyway, even if you did personally guarantee it.

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Answered on 11/14/08, 10:28 pm


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