What can I do to protect myself from my partner's financial liabilities? 14 Answers as of February 01, 2012

My partner is filing bankruptcy and wants me to sign a sublease agreement that he pays rent to me. Could this harm me? Two part question: 1) My partner is filing bankruptcy in Florida, he is claiming he subleases from someone in Florida and subleases from me in Massachusetts. He would like me to sign a sublease agreement stating that he pays me monthly rent, is this safe for me to do? or risky? 2) I have perfect credit and I do not want to be involved. We do live together and have a child together but because of financial inequities and his child custody commitments to his two ex wives we are not legally married. What can I do to protect myself?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
DO NOT sign anything that is not true. Bankruptcy fraud is a serious crime.
Answer Applies to: California
Replied: 2/1/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Do not get involved with anything that could potentially be fraudulent. If what your partner wants you to do (signing the sublease agreement) is untrue do not do it. This could also subject you to 1099 income that could cause you to owe additional income taxes.
Answer Applies to: California
Replied: 1/26/2012
J.M. Cook, P.A. | J.M. Cook
First, don't lie to the court. If he pays rent or subleases from you, then that is fine. If they aren't paying but just want you to say they are, that could get you in a lot of trouble.
Answer Applies to: North Carolina
Replied: 1/26/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It will not affect your credit and if he pays you rent then it is a true agreement. However, if you are just fabricating this document, technically you are committing fraud in federal court.
Answer Applies to: New York
Replied: 1/26/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can get a lawyer and be VERY concerned that this may not be good for you. In fact your question makes it sound like he is asking you to commit perjury, which could land you in prison for 5 years.
Answer Applies to: Georgia
Replied: 1/26/2012
Law Office of Louis S. Haskell
Law Office of Louis S. Haskell | Louis Haskell
My question to you is "is it true?" Florida offers a lot of protection to people who file bankruptcy, so people who do not live there are often trying to finagle ways to file there. The problem is that to do that, it is necessary to live there. It sounds like he may be trying to downplay his ties to Massachusetts. Alternatively, he may be trying to document expenses to show to the FL Trustee. Whether those expenses are true or not is another issue. I am not comfortable with this question. The only advice that I am going to give is that you do not sign anything which is not 100% true. Bankruptcy fraud is a serious business, and it is not something you should involve yourself in. When you say "he is claiming" to have two subleases, I suspect that the "claims" are not true.
Answer Applies to: Massachusetts
Replied: 1/26/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
It sounds like a fraudulent representation to the Court and you cannot do it without problems.
Answer Applies to: Georgia
Replied: 1/26/2012
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Although you will not become part of his bankruptcy, I would suggest staying away from any arrangement with this person. His/her track record is less than impressive regarding payment of liabilities.
Answer Applies to: Massachusetts
Replied: 1/26/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If you are not married and do not have joint accounts, there is nothing you really need to do to protect yourself. His debts are his and your debts are yours. You might want to have a partnership agreement but you don't need much. I don't believe it is a problem to do a lease or sublease with him as long as it is legal. I would not recommend you do something or create a legal document which is false to help him out.
Answer Applies to: California
Replied: 1/25/2012
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Sounds risky and you need to find out why he wants you to do that, particularly if it is not true. You should consult with an attorney of your own choice first since he might be trying to get around issues in his case and your assistance in the scheme could become a problem for you. You should never sign anything that you don't understand and know all the risks involved.
Answer Applies to: California
Replied: 1/25/2012
    The Law Office of Jill Rose Quinn | Jill Rose Quinn
    Don't sign anything that isn't true.
    Answer Applies to: Illinois
    Replied: 1/25/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    It won't harm you, as debts and bankruptcy are personal. Just make sure that you don't have any joint debts together, or that you didn't co-sign a loan that he's trying to discharge. Because if he defaults on any of these, you the co-signer or guarantor will be liable.
    Answer Applies to: Florida
    Replied: 1/25/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Does he really pay you rent every month? If not, I wouldn't sign anything that says he does, because that is fraud and in Federal Court (bankruptcy court) you can be subject to a fine and/or imprisonment. If you get called into court, are you going to be able to truthfully testify to the judge that he subleases from you? It is unlikely that it would happen, but it can, and it will send up red flags that he is subleasing from you and "someone" in Florida.
    Answer Applies to: Michigan
    Replied: 1/25/2012
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