What is the name of your state? Texas
I filed chapter 7 & so did my company. The company had sold receivables to the bank but there was no personal guarantee. In the final month some of the customer payments had been deposited in the company account as usual but not yet repaid to the bank and were not past due yet when I filed. At the time of filing the bank was owed $80K. The bank now has $40K of that but wants me to sign an affidavit saying I took $80K from them and put it all in the company instead of giving it to them. Then the bank wants to get a judgment against me for the full $80. My attorney says to sign it or the bank can pierce the corporate veil and come after me personally and it would cost too much money to fight it. He also says the bank would then offer an agreed judgment for $10K to be paid to them instead of the $80K. If I sign what would amount to a confession of something I didn't do I feel the bank could then do whatever it wants to me and so could their insurance company. I don't know what to do.
I filed chapter 7 & so did my company. The company had sold receivables to the bank but there was no personal guarantee. In the final month some of the customer payments had been deposited in the company account as usual but not yet repaid to the bank and were not past due yet when I filed. At the time of filing the bank was owed $80K. The bank now has $40K of that but wants me to sign an affidavit saying I took $80K from them and put it all in the company instead of giving it to them. Then the bank wants to get a judgment against me for the full $80. My attorney says to sign it or the bank can pierce the corporate veil and come after me personally and it would cost too much money to fight it. He also says the bank would then offer an agreed judgment for $10K to be paid to them instead of the $80K. If I sign what would amount to a confession of something I didn't do I feel the bank could then do whatever it wants to me and so could their insurance company. I don't know what to do.