Legal Question in Criminal Law in Nevada

My ex wife and I divorced in April 2009 and reconciled in July 09. We were not remarried but were living together and planing a future ( Stupid I know). We made plans to open a restaurant. I found a place that was 4 hours from our home to open. I contacted the landlord of the commercial property and started the lease negotiations. I turned in the letter of intent with my exwifes real signature . A few weeks later they asked us to sign the official lease. I was 4 hours from home so my ex told me to sign her name, so I did and mailed it off ( Stupid again). I started construction on the restaurant and a month before we were to open she said she didnt want to be together and we split. Since then the restaurant went under and im filing bankrutcy. She is now claiming that I forged the lease and that she had to intention to sign it. To make matters worse... I also signed the wittnesses names to the lease who are her aunt and uncle. They were aware of it at the time I signed it but they claim not to now. Long story short is I owe 8k on the lease that went under and im going BK and they will go after her for it. I signed her name and her aunt and uncles as witnesses myself even though they knew about it. Im in UT shes in NV. What do I face if she reports it?


Asked on 6/15/11, 12:51 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

Unfortunately, you may have committed bankruptcy fraud or been guilty of a bankruptcy scheme to defraud. You could be looking at a 5 year felony for each forgery. It is likely that the State court would not charge you but leave it to the Federal court. I would not give any statements to the U.S. Trustee without an attorney present.

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Answered on 6/15/11, 2:29 pm


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