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Oregon Business Law Questions & Answers
1 Answer | Asked in Business Law, Domestic Violence and Civil Litigation for Oregon on
Q: My ex finance refuses to pay money he owes and return my property. There is physical and verbal abuse what do I do?

My ex pushed a quick engagement and moved me from CA to OR. I quit my job, sold many things and moved. He stated if there was a break up he would move me back and pay for my expenses to reestablish. I worked for him part time and he refuses to pay outstanding wages and refuses to pay the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 23, 2017

First, if you knew all about his past to begin with, why did you agree to date him let alone move for him? While not a legal question, it is something to ponder, as a jury will do the same if you went all the way to court on many of your above issues.

Otherwise, I would also suggest not...
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1 Answer | Asked in Business Law and Divorce for Oregon on
Q: What documents need to be signed if one of the spouses sells their interest in the business during divorce?
Howard Alan Newman MBA
Howard Alan Newman MBA
answered on Nov 28, 2016

As is sometimes typical with these questions, there are insufficient facts to fully answer the question. Regardless of any divorce proceeding, i.e., in a vacuum, should any entity or person, including a spouse, who has an interest in any type of entity wish to divest said interest, the seller and... View More

1 Answer | Asked in Divorce and Business Law for Oregon on
Q: I'm buying my wife out of the business as part of divorce. What papers should I have her sign?

We're doing a co-petition divorce in Oregon.

Joanne Reisman
Joanne Reisman
answered on Nov 29, 2016

First of all, don't do a co-petition. It causes more problems then it solves. Do a regular Petition but draft it in the manner that it states everything the way you believe she has agreed with you on. That way if she hasn't really agreed to everything, you won't get stuck with an... View More

1 Answer | Asked in Bankruptcy, Business Law and Contracts for Oregon on
Q: Paying back loan after bankruptcy

My sister filed for bankruptcy and listed me as one of her creditors. She wants to pay me back now. Should I go to the trouble of having a Promissory drawn up for the repayment? Is there a point to doing that? Are there Oregon laws governing this sort of promissory note?

Joanne Reisman
Joanne Reisman
answered on Nov 27, 2016

Once you are listed as a creditor on a bankruptcy and the debtor gets a discharge, you are no longer legally entitled to collect the debt. The debt doesn't exist, at least not legally, and if you tried to collect it you would be violating bankruptcy law and subject to penalties.

Your...
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1 Answer | Asked in Business Law and Small Claims for Oregon on
Q: Being sued personally in small claims court for work done by our S-Corp. Are we liable?

Customer filed with Builders board and was denied as claim was over a year old. Now have filed small claim against us personally. Do they even have a case if not filed in the Corp name? Does our corp bond play into this at all? We have 'demanded a hearing' to avoid a default judgment.... View More

Howard Alan Newman MBA
Howard Alan Newman MBA
answered on Nov 28, 2016

Based on the facts as presented, the S-corp appears to be an improper party. Accordingly, prior to the hearing, I would demand from the plaintiff voluntary dismissal of the action. In fact, I might even attempt to move the hearing date for, inter alia, to give the plaintiff more time to consider... View More

1 Answer | Asked in Municipal Law and Business Law for Oregon on
Q: I was cited PERSONALLY for a broken sidewalk at a property that I am developing. I'm just the owning LLC's Manager...

I appeared and said "I am not the owner". The Judge asked for a copy of the LLC that shows in the public record/county tax roles as the "owner of record". I complied with that request at the next hearing date. That LLC document lists a trust that owns the LLC's member... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

You would take all the documents to court at the trial and provide them to the judge (they are not going to make copies, so it will not become part of some permanent file). Cite to the language of the code you were cited for and demonstrate you were not the owner. I would also obtain copies of the... View More

1 Answer | Asked in Business Law for Oregon on
Q: I would like to know what my personal liability is as a management employee.

What is my personal liability if there is an injury accident and the company is found negligent & liable?

Jeremy R. James
Jeremy R. James
answered on Jul 24, 2015

More information is required before this question can be fully answered. Generally speaking, employees of businesses, even managers, are not liable for liabilities of the business entity, although an employee may be held liable for their own wrongful conduct. On the other hand, owners of a... View More

1 Answer | Asked in Business Law for Oregon on
Q: Can I use a fan made super hero costume in window display promoting our "Super Patriotic" fourth of July event?
Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

Talk to a local intellectual property lawyer. They will need more information to answer, as this type of question is very fact-specific.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Business Law for Oregon on
Q: Did the U. S. Supreme Court say a signed fax copy was as legal as the original? Where would I find that information?
Charles Snyderman
Charles Snyderman
answered on Jan 27, 2013

I amn not aware of a U.S. Supreme Court decision on this point, and it seems unlikely that this issue would come before that Court. However, as long as the parties intended that the faxed copy serve as their contract, it is enforceable.

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