Thanks so much for following up. Your brother committed bank fraud and the bank has a claim against him for obtaining a loan by providing fraudulent financial information. This opens him up for criminal prosecution and civil suit from the bank. With regard to your rights, if borrowing this money from the bank under fraudulent means results in any damages to you...e.g., your brother's increased debt or actions with the bank caused him to be unable to re-pay the company and thus impacted the value of your interest in the company....then you can also file a civil suit against your brother...not only for your actual damages, but also punitive damages
due to the fraud involved. Once the suit is filed and a judgment awarded, you become a judgment creditor
, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.
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