Legal Question in Bankruptcy in Florida

My husband was working as a 1099 employee for a sole proprietor who owns numerous LLCs. On ten (10) occasions during 2013 my husband was paid via endorsed checks. Example: a corporate tenant would pay rent via a check written to the LLC. My husband's boss (owner of the LLC) would endorse the check and give it to my husband as his "salary" in lieu of issuing his pay by other means. My husband would deposit the check into my personal checking account as he would any other monies received as his weekly "salary" or bonuses. The ex-boss is now filing bankruptcy-don't know whether it's a 7 or 11; his business assets are numerous and nationwide. My husband received a bonus check in Dec. 2013 (via an endorsed check made out to his boss' LLC); unbeknownst to me, the check amount was just withdrawn by the issuing bank. I called my bank to inquire about this withdrawal and they would give me no information other than they'd be sending me a letter in the mail. I have several concerns: there are an additional 9 similar transactions; can the same occur? Can this happen with monies in by business checking account if I close my personal account? Can this issue follow me to other institutions? And most importantly, what if any are the legal implications? I've never had any legal issues greater than speeding fines in my 60 years. Should I be seeking counsel?


Asked on 7/05/14, 8:16 am

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

You should discuss this with an accountant as well as an attorney.

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Answered on 7/07/14, 8:21 am


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