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Old 05-01-2007, 06:02 PM
netlawinfo
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Question Possible business loan default

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

My wife and a friend started a company (LLC) in MA 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.
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Old 05-01-2007, 11:27 PM
postbox34@yahoo.com
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If you never had a agrement with the bank you can not be held responsible for your ex-wifes actions

did you sing?

You should not put to much thought in to this I think you are ok but should call the bank and ask them if you on the note
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Old 05-03-2007, 06:05 PM
moderator moderator is offline
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I can understand that this is a stressful situation for you. I would suggest that you and your wife speak with an attorney to discuss your legal options. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.
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