my ex brother/ partner who was 60 percent owner hid money sold himself the equiment went bankroupt then open the same business under a new name
Very simply -- yes you can. Depending on your state, you may have statutory claims if organized as an LLC or corporation, and you will have common law claims of fraud, conversion, and potentially breach of contract if you had an operating agreement. I suggest you retain a lawyer. This is general information and I am not your lawyer.
One thing you will want to check, however, is to see if you were listed as a creditor in the bankruptcy. It could be that any claims that you had, if your were identified, were discharged -- meaning that there is a possibility that you might not be able to sue your ex-partner.
1 found this helpful