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While I'm sure you can prove that your husband's company is a completely separate entity than yours and that you never shared any part of ownership in that company, and that the company or your husband could therefore not be responsible in any way under the suit again you and your company, the legal system will allow the other attorney to make the claim that has already been presented to the judge -- it will be your responsibility to prove that your husband's company is not a proper party to the class action lawsuit.
Further, you will have to retain an attorney to represent your company and your husband's company in the lawsuit, because you cannot represent an entity on a pro se basis. You can represent yourself without an attorney, but you cannot represent the companies without an attorney.
I wish I could provide some more specific information for you -- but at the end of the day, the other attorney is within legal bounds in making claims that your husband's company is a successor (you then simply need to prove that's not true and that your husband's company is separate and not a proper party; his company would then be dismissed from the suit -- or the judge might never allow it to become a party based on your arguments -- but you still have to make those arguments).
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This judge has released my court appointed attorney because the attorney said she did not have the time nor resources to see the case through. When I was back in court for the status hearing - I asked the judge for assistance and if she could appoint me another attorney. Her response was she didn't know what to tell me. End of comment. I'm not an attorney but I know, as you pointed out, that I cannot represent my corp in this case. Why wouldn't she know that? She knows I filed personal BK and the company is not functioning. How do I get legal assistance in this matter? If I file corp BK would that stop this suit and it's proceedings against my family?
Yes, corporate bankruptcy would stall the suit and if you obtain your discharge (along with your discharge in personal bankruptcy), there shouldn't be a reason why they would continue to pursue the suit after bankruptcy is completed and the automatic stay has been lifted (the automatic stay of bankruptcy is what prevents them from continuing the suit -- in fact, that should currently be preventing them from pursuing the case against you personally -- you need to make the court aware of your bankruptcy if you haven't already).
They would still be able to sue your husband's company on the basis presented to the Judge, but I'm sure that company has valid defenses that can be asserted so that the claims against your husband's company would be dismissed.
A corporate BK would probably end the case against you and your company, assuming any claims made in the lawsuit can be discharged in your personal and a corporate bankruptcy (most claims are dischargerable but some are not -- your BK attorney would have to take a look at the claims made in the suit against you and your company and advise you accordingly).
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