What to do if I opened a business under my brother’s name due to my bankruptcy but after the business became productive he decided to take it over unrightfully?

All the clients are mine and he would not give me a legal document that says after the 7 year period of the bankruptcy that he would transfer the name to me. How can I get my rights back? It all started out as a favor to me, now he wants it all. Can I sue him?

Asked on March 27, 2014 under Business Law, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

This is what happens when people do dishonest things to avoid being responsible for themselves.  You got the benefits of bankruptcy but did not want to live with the consequences, so you put your business in your brother's name.  Now you do not want to live with the consequences of that either, but you will have to.  Sure, you can sue your brother, but you will lose because you voluntarily put the business in his name in the first place.


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