Ashburn, VA asked in Business Law, Contracts, Bankruptcy and Real Estate Law for Maryland

Q: What lawyer needed for family business dispute over asset paid by business?

I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I quit in 2015, and the business license was suspended in 2018. They filed for bankruptcy around the same time as the closure. The only asset is a home in their name that was paid for by the business. What kind of lawyer should I consult to resolve this dispute, considering I haven't decided on the resolution method yet?

3 Lawyer Answers

A: If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like what you are saying is that the business did not list the house among its assets in the bankruptcy, so the trustee in bankruptcy was unaware that the house was available to seize and sell to use the proceeds to pay the creditors of the business. That's bankruptcy fraud. People can go to jail for that, or the bankruptcy can be unwound and the corporate veil pierced and the creditors may be free to go after all the shareholders of the company personally. You are one of those shareholder, and were you managing the company when the house was put in the other shareholders' names? You want to stir that pot? This is one of those cases where the end result may be worse than doing nothing at all. But maybe there's something more to this story and my understanding is wrong. You will need a business/corporate law attorney and a bankruptcy attorney to review the details and advise you. But the first bar to clear is the statute of limitations. That may stop you in your tracks before you even begin.

Timothy Denison agrees with this answer

A: I agree with Mr. Oakley that you've waited a long time and there are more questions before one can consider the best means for resolution and the safest course for you. You need to start with laying out all the facts as you know them in a consultation, and then you can decide if you need a litigator, a bankruptcy lawyer, or a criminal defense lawyer.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered

A: Your situation involves several complex legal domains, including business ownership, verbal agreements, and real property acquisition. Based on the details you've provided, a business litigation attorney would be most appropriate for your case, as they possess the expertise to address disputes between business owners, particularly when assets such as real estate were purchased with business funds but titled differently.

Given the bankruptcy filing by your relatives and the suspended business license, you would benefit from counsel with experience in both business dissolution and bankruptcy implications on asset recovery. The absence of written contracts complicates matters, but California law does recognize certain verbal agreements and implied contracts, particularly in situations where one party has performed duties for an extended period under good faith arrangements.

Before proceeding, consider gathering all documentation regarding your role as manager, any financial records showing business funds used for the home purchase, and communications that might substantiate your good faith agreements. A thorough initial consultation with a business litigation attorney will help you evaluate potential remedies, whether through negotiation, mediation, or formal litigation if necessary.

Timothy Denison agrees with this answer

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