Legal Question in Bankruptcy in North Carolina

My husband is a CPA and has committed fraud against me by signing my name to legal documents and loan papers that I was never aware of, he now wants to file bankruptcy. Should I file charges and if so could I lose my business?

Asked on 4/10/13, 6:27 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

You need to consult an attorney. We have no information about your business, what documents were forged, and what the consequences of the forgery were. An attorney would need to evaluate all of this to determine the risks to your business.

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Answered on 4/10/13, 6:31 pm

Thomas Zimmerman Zimmerman Law Office

It is difficult to find the real question in your submission. If I had to guess, you are no longer with your husband and are worried about the creditor seeking to collect the loan you refer to. The short answer, without all the relevant and necessary information, is that it is possible to successfully defend a collection action by a creditor where you did not sign a document that obligates you to pay. Of course, the devil is in the details and you should consult bankruptcy counsel who also is familiar with local family law. Your plan of action would likely involve a negotiation with the husband to see if you can end up with a solution that meets both of your needs. If it comes down to a battle, then it is even more important that you consult local counsel early. There are important deadlines in bankruptcy that you ignore at your own peril.

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Answered on 4/11/13, 6:57 am

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