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My spouse is selling assets through an llc he manages without my consent can I stop or delay this so I have a say in our assets

Santa Clara, CA |

he manages our finances throuhg an llc to hide money from me the bankruptcy court and investors. he doesn't give me any say or notice in what he is doing. sending money from one company to another and even out of the country. I don't believe this is ethical or even legal.

Attorney Answers 3

Posted

You probably need independent legal representation immediately on several levels. A good family lawyer would be a start. Going to jail as an observer, and perhaps someone left "holding the bag" is no joke. Fraud at the tip of the iceberg level you are describing is no joke. You should spend this afternoon finding at attorney.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Yes, go to court and obtain a restraining order stopping him from selling assets if in fact you have evidence of him illegally and inappropriately disposing of assets. Have a Receiver appointed and take control of the LLC. There are many potential legal remedies available, but nothing happens automatically. You have to seek help and pursue your legal remedies.

I hope this helps. John N. Kitta, Esq.

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Posted

You will likely require legal assistance in both family court and bankruptcy court. While your bankruptcy case is pending, the family court will likely not be able to issue any orders regarding the disposition of your assets, unless a stay is issued in the bankruptcy court. Once a stay order is issued in bankruptcy court, you can then make a request with the family court to immediately restrain him from disposing community assets, join the LLC as a party to the proceedings, and request the appointment of an executor for the LLC. I would suggest you consult with both a qualified bankruptcy attorney and and a skilled certified family specialist. See link below for further article about this matter.

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