Legal Question in Business Law in New York

Who is right?

My fiance and I signed up for a rainbow vacuum. We signed an original contract that had both of our names on it. But I have very bad credit and when they ran the credit check later that night they determined that I could not be on the application or we would not qualify. So my fiance had to re-sign a contract a couple days later with only his name on it. the contract that we signed together, to our understanding, was suppose to be voided. My fiance had some unfortunate luck and had to file a bankruptcy. Now that he is filing the company is coming after both of us with the contract that we signed together. The ''voided'' contract. Is this allowed? How do I protect myself from this?


Asked on 8/12/08, 9:13 pm

1 Answer from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Who is right?

You should have other documentation that will substantiate your version of the facts (bill of sale, correspondence, payment book, etc.). If so, the company is committing bankruptcy fraud, as well as a host of other infractions under federal credit law. You should bring this to the attention of the bankruptcy Trustee immediately.

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Answered on 8/12/08, 10:32 pm


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