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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a commercial lease for a restaurant space. I have to

Resolved Question:

I have a commercial lease for a restaurant space. I have to default due to the fact I have lost my money with this investment. I am the sole guarantee on the lease . What to do.
If taken to court will they go after my wife. I have no personal property to after.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

This situation may be a bit state specific. May I ask where you are located, and where the business is located if different? Also, how large is the current deficiency going to be for this lease?
Customer: replied 1 year ago.
I am located in Los Angeles Ca. As well as the business.
I have 3 years 6months left on the lease. The lease is 3,200 a month which includes cam. I have invested 112,0000 in the business. I have not made a penny but keep putting in the business. Now I 'am broke. Never even took any pay.
Expert:  Dimitry K., Esq. replied 1 year ago.

Peter,

I am genuinely sorry to hear that, and it is a shame to hear that all your hard work is now in this predicament. Please allow me to respond in detail, and if you have any need to clarify, please follow-up, or if I make any incorrect assumptions.

California is known as a 'community property' state. That means that all assets, property, and also debts and obligations that are obtained while married are considered to be a joint communal asset or liability. If you signed this guaranty prior to marriage, the debt is deemed separate and only you are responsible. But if you signed this guaranty while married, the holder of this guaranty can consider it a communal debt and pursue your spouse as well as you for the funds. As a consequence it may require a petition for bankruptcy and subsequent discharge of this debt as a means of avoiding collections. Your spouse may be vulnerable to their collections.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.

Peter,

Thank you for your follow-up. There is no need to open a new question, just use the reply button. I will be happy to answer your question below.

You asked:
In reference to my situation my wife is Canadian and we were married in Montreal. She is hear on a green card. Can they still go after her. If I have to file bankruptcy do we both need to file or just me
---
She is still your wife and she resides in the US with you. Even if she is a foreign citizen, she is still a California resident, which means that the creditors are still free to pursue her in this situation. If you file for bankruptcy, your spouse will likewise need to file as well.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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