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Colorado Business Law Questions & Answers
2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

David Luther Woodward
David Luther Woodward
answered on Dec 4, 2022

The First thing you do is find out where the matter is pending.

The Second thing you do is find a creditor's bankruptcy lawyer there.

The Third thing you do is follow his advice.

Good Luck

d

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0 Answers | Asked in Business Law for Colorado on
Q: Who has legal claim as heirs to a joint owned business upon death of last partner?

Eldest brother passed 11 years ago willed to 2 remaining brothers.

Another passed a year ago leaving to first and last.

3rd passed in Ocober and had never changed will away from the other 2.

There is another surviving brother who Did NOT own any shares in the business.... Read more »

1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: As an ind. contractor, do I cover the insurance for driving reps of a co I'm working for in a rental car or do they?

I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company.... Read more »

3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Nov 7, 2022

The LLC structure is a legally distinct entity in Colorado law. While some code sections and some tax regulations will refer to both businesses and regular people equally as a "person" the significance of the LLC is to create a legal distinction between the business and its owners.... Read more »

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2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... Read more »

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1 Answer | Asked in Business Law for Colorado on
Q: Can I use/sell the art I make using the Wonder AI art generator app? I don’t want to risk anything but want to use them.

The app is available on iOS and I paid for the pro version. I’ve tried reading the agreements again but can’t tell. I would like to possible sell the original images or create my own works of art using these images as references.

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 6, 2022

This is a generalized, public reply based on your question. It is not legal advice specific to your situation.

The Copyright Office addresses this question often. It recently came up in a February 2022 publication of the U.S. Copyright Office Review Board. If you have the time, do a web...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Setting up a holding company to allow for 100% ownership of future locations

I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.

How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 2, 2022

While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.

Selecting a business structure is a key business decision. Business structures can be changed over the...
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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
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1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Many businesses are creating "staffing agencies" to provide labor only to businesses they own - what are the advantages?

Working in workers' compensation in Colorado, we have noticed recently a large number of businesses creating "staffing agencies" where they provide labor only to their own businesses, not to other client companies (so technically not staffing for our purposes). We had never seen... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 21, 2022

Business strategists and corporate attorneys sometimes recommend wholly-owned staffing subsidiaries. A parent company will own several businesses of the same kind and own a staffing company. This business structure makes sense when there are multiple locations that all operate in substantially the... Read more »

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Is it legal to set up a home business in a camper that is in a driveway of a rented lot that is not your residence?

I live in a mobile home park and my neighbor has allowed her daughter who lives in a different town to set up a camper in their driveway of a rented lot to prepare taxes for people. I'm fairly certain that she does not have a home business licence for this as it is not her residence. Is this legal?

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 28, 2022

Colorado allows home-based businesses, but each county sets rules on the permitting process. Without knowing which county or which set of home business rules to apply, it is hard to say if a camper in a driveway is an unacceptable way to offer tax preparation services.

As a general...
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1 Answer | Asked in Business Law for Colorado on
Q: Any law in Colorado to stop an LLC from dissolving to avoid paying a judgement then turn around and start a new like LLC

We are suing a Contractor (LLC) and are pretty sure we'll win, but hate to think they can simple dissolve the LLC, and then turn right around and start another Contracting Company (LLC) and get away with it.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2022

In that scenarios there's a few different approaches to pursue the owners and the new entity. First LLC owners can be responsible for judgements against the LLC for amounts distributed form the LLC for a period of three years prior to dissolution. Second, this would likely be considered a... Read more »

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Business Formation and Business Law for Colorado on
Q: If I own a vehicle and would like to rent it out for profit, can that individual use vehicle themselves for profit?

I charge someone to rent my vehicle. They then use vehicle for Ride Share App then return vehicle after 6hr.

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 31, 2022

I see that you are in West Virginia but asking about laws in Colorado. The Colorado law supports you leasing your automobile to someone who then uses it for profit. Leasing an automobile to another person or business can be done at a profit to yourself (just be sure to tell your CPA about that... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Can I use the same LLC for both a freelance photography business and a separate ecommerce business?

I already have the photography LLC. Can I operate the ecommerce business under that or do I need to get a new LLC? Can I just change the name of my current LLC to drop the word photography?

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 27, 2022

In Colorado, yes an LLC can generally add new areas of business without having to form a new business entity. Most LLCs are formed for broad purpose under the broad language of CO Rev Stat § 7-80-103 (2020). An LLC can engage in "any lawful business, subject to any provisions of law governing... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Business Law and Communications Law for Colorado on
Q: Can more than one therapist be listed on the mandatory disclosure statement? I.e., all the therapists at one practice?
Kevin Michael Strait
Kevin Michael Strait
answered on Jan 26, 2022

A mental health practice in Colorado must comply with Colo. Rev. Stat. § 12-245-216 (some older forms will have the old code section as § 12-43-214, but that is no longer the current law). The code section requires a mental health care provider to give each patient a form detailing the... Read more »

1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... Read more »

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