Legal Question in Bankruptcy in Georgia

First, allow me to thank the attorneys who answered my question here and didn't insult me. Your information was highly useful and greatly appreciated. I would like to however ask the question once more to put in any detail I may have missed or " deliberately omitted" as Mr. Ashman of the Ashman Law Firm in Atlanta ,Ga. has claimed I did. I assure everyone that no intentional hiding of the situation was dine and it was a simple question. So, let's make it more complicated for those of you kind enough to tackle it. Please refrain from answering Mr. Ashman, I really can do without your insults.

For the rest of the finest legal minds here, I know a person who manages properties such as condominium associations. He is now in his 4th bankruptcy. He files every time he is eligible again like clock work. I have a very close relationship with these associations myself as I do business with them. I know this man to be highly unethical in his dealings with other peoples money. He controls the money for several of these associations and is yet in bankruptcy again. Is it illegal for me to tell the associations that they should look further into who manages thier properties and how thier money is being spent? As I said in my first question, his attorney is threatening me that I am "messing with business relationships " if I tell these like people that maybe they should examine the man who controls all thier money. Again, my thanks to you all.


Asked on 6/03/12, 8:39 pm

1 Answer from Attorneys
S. Carlton Rouse Rouse & Co., LLC

There is a tort called tortious interference with contract under Georgia law. What you've described certainly seems to fit the criteria for such a theory. In essence, third parties cannot seek to destroy contractual relations maliciously. I think the analysis could change if you have some corporate or fiduciary authority within the associations you referenced.

You also could expose yourself to a slander or libel claim depending upon how you convey your thoughts and impressions in terms of substance and form.

All tolled, it is advisable to retain a lawyer to perform an extensive analysis of your risk/exposure to suit. For more information visit us online at: www.rousecolaw.com

Best of luck,

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Answered on 6/04/12, 4:45 am


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