Consumer Law, Warranties Business deal gone bad (elderly man)

Status
Not open for further replies.

BizHelp

New Member
I am writing for a friend who is in big trouble over a business deal which is not being followed as per contract states. Basically, he owned a business which was deep in debt. Assets were purchased for the repayment of debts,some of which held personal liability for the seller and the buyer was to negotiate those and then BK the company to take care of the remaining debts. Employees were also moved to the buyers company for their expertise on production. Now, 7 months later, all the debtors are in full force trying to collect on these debts which were to be taken care of by now. My friend is elderly and has been in the hospital for 3 weeks with pneumonia.


Included in the sale was mfg machinery, leased machinery/computers, leased cargo van which were to be paid as well. Now calls come to my friend from repo companies asking to pick up the items. The buyer took them and still wont return calls or pay the invoices for them.


At the moment, he is on the verge of losing his house of 29 years, and is being left with ZERO income, the loss of his life insurance policy, and everthing else he needs to survive with his spouse.


The buyer also made a 2nd contract for consulting services for 5 years of monthly payments so the seller could retire and pay bills. August checks have not arrived and the buyer will not return calls, emails, texts, voicemails.


With no income, how could he go about enforcing the contract in court. Would self representation be an option for him at his age? How would he find a lawyer to consult with at little or no cost?
At his age and health, he cannot initiate a personal or business BK. What should he do about all the creditors calling his house all day?

There is so much more info, but I will have to see my friend in the hospital with any other questions that are brought forth here.

Thank you for your time all.
 
I'm sorry to hear about the problems. Unless there is a good samaritan or pro bono attorney, unless the attorney can get paid reasonably to pay his/her bills, it's not going to happen. He could represent himself in court, even at this late age, but he/you need to figure out what the options are right now. It sounds very complicated so it's difficult for me to answer. If there is a breach of contract, then what is most important is to send a letter to this buyer of breach of contract. Wouldn't there be a security interest in the property in the event of the buyer's breach? I don't understand everything you wrote. Good luck to you and your friend.
 
Status
Not open for further replies.
Back
Top