Corporate Law Business loan default

Status
Not open for further replies.

netthelaw

New Member
I have a situation that I hope someone can help me.

My wife and a friend started a company (LLC) selling stuff online 4 years ago. The ownership was 50/50. They got a business loan of $80K. They signed personal guarantee. The spouse (including me) didn't sign anything. 2 years ago, my wife "sold" her shares to the friend. The friend gave my wife a document that she would assume the business loan. They didn't tell the bank fearing that the bank would call back the loan and the business transfer would not go through. 1 year ago, the friend decided to shut down the business and sold off the inventory. She and her husband have since moved abroad; they don't have any asset in US any more. She currently has 10K left with 50K remaining in the loan. She has been paying off the monthly loan payment. But it won't be long before she doesn't have any money left to pay off the loan. According to her, her lawyer said that the bank might forgo the loan if the remaining loan was not too big. She hasn't told us that she is planning to default on the loan. And my wife has not asked her the question directly.

I am a US citizen, but my wife is not a US citizen nor a resident. I have a 401K and all our money are in my accounts. So my question is, if and when the friend has decided to default on the loan, can the bank go after me?

Any comment is much appreciated.
 
If you did not sign anything, then I do not think you will be liable for anything.
 
Was the document that the other person would assume the loan notorized in any way? Maybe your wife can take that letter to the bank? Does your wife have proof that she sold her shares to the partner? You may need a lawyer to sort this all out and have your wife's name removed from the loan, especially since the couple moved overseas. Is your wife joint on any of your accounts, banking, savings, house or anything? What state are you in? You can google your state laws on collections law and see if you find anything that applies there. http://en.allexperts.com/sitesearch.htm?terms=default+on+loan+by+wife,+Am+I+liable?&pg=2 You can try posting your question on this website and see if you get an answer there.
 
What is the best way to find a good lawyer that handles this type of issue? Any recommendation? The LLC was formed in MA.
 
Status
Not open for further replies.
Back
Top