Contract obligation question

[jon11]

Here's my situation, please offer suggestions for any recourse we might have - I'm recently married (that's not the situation at hand). My wife (we'll call her Jane), in a previous relationship, signed a lease contract for a piece of equipment her boyfriend (we'll call him Joe) used in his carpet cleaning business. She was never an employee of his business and never acted like she was, but somehow he talked her into signing this contract. The equipment subsequently broke or was damaged, I don't know all the details, but Joe stopped making payments because he claimed Jane broke it and she was the one who signed the contract. His personal name was never on the contract, but his business name is and the business has since closed due to bankruptcy. Of course the leasing company wants to get paid and they are coming after Jane to pay it. My main question then is, is there anything Jane can do to collect on her end from Joe if she in turn has to pay the lease company? Any insight you can provide on this would be appreciated.

 

[Tracey]

Jane's liable because her signature is on the lease. Whether she can go after the ex depends. Did he declare personal BK or did just the business declare BK? Was Jane listed in the BK as a creditor/codebtor/potential claimant? If she was not listed in any way, her claims were not discharged by the BK and she can sue the ex for reimbursement of what she pays the leasor. If she had notice, she is the sole remaining person liable for the debt. Talk to a BK lawyer.