Q: My brother filed for bankruptcy before we could file a lawsuit against him. Can we still sue?
My mother moved to assisted living only to find out my brother stole a lot of money from her. The divestment is over $50,000. My husband and I are private paying because she cannot live independently. Since my brother stole money, we planned on suing to try to recoup. (He received every penny. We have never received any money from my mother and can prove it.) Now he and his wife filed bankruptcy. Will we be stuck holding the bag? It’s so much money and our funds are almost depleted. I feel bereft. Please let me know our rights.
A: You should consult the authorities bc a crime may have been committed. Also, you can bring an adversarial proceeding against your brother inside his bankruptcy case to recover the money if he obtained it by fraud or deceit. You should consult an experienced bankruptcy attorney to help you through this.
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