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anon0109
Jan 26, 2009, 08:18 PM
Husband had a business which was incorporated. Business closed in Illinois and we moved to Nevada for work where he filed bankrutcy due to the debt left from the business. One contractor filed a complaint with my name (wife) along with the business name. This complaint was included in my husbands bankruptcy since his name is the business. I was only the secretary working in the office and signed checks, no interest or shares. His bankruptcy is in the process of the discharge stage. We have now received an affidavite for service for that complaint. Looks like they hired an attroney in Nevada to serve me and the business. I turned this into the bankruptcy attroney and the sent the plaintiff attroney an automatic stay. Then the attroney for the plaintiff mailed me a motion for foreign default judgement against me and the business. The bankruptcy attroney stated since this latest papers are in district court and not bankruptcy court I need to handle this but I should be able to get this taken care of with a motion to vacate judgement since I have nothing to do with the business. Is this the correct form to use and can they make me responsible for my husbands business when he had already filed bankruptcy

George_1950
Jan 26, 2009, 09:01 PM
There are three persons, or entities, involved: a business that was incorporated, your husband, and you. (Just curious: who, of the three, filed bankruptcy?) Your husband's attorney should make a filing with respect to the business and possibly your husband. You need to make a filing on your own behalf. Where was the complaint filed (by the contractor)? Were you served with a copy of the complaint and summons?