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Business Law Questions & Answers
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
1 Answer
| Asked
in
Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Timothy Denison's answer
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
Q: Hey, I'm a YouTuber who makes shady compilations of what YouTubers have done.a youtuber is suing me for ruining her
Jason Brooks' answer
With the caveat that this is not intended to be legal advice, it sounds like this person was caught on camera doing something they shouldn’t have been — as long as you obtained this footage using legal means (i.e. you actually filmed this activity) what you have described does not appear to be actionable by the youtuber.
With the caveat that this is not intended to be legal advice, it sounds like this person was caught on camera doing something they shouldn’t have been — as long as you obtained this footage using legal means (i.e. you actually filmed this activity) what you have described does not appear to be actionable by the youtuber.
Q: Looking for more information where excessive use of corporate business card for small personal use in S-Corp by officer.
Dale S. Gribow's answer
A LOT MORE INFO IS NEEDED.
DO YOURSELF A FAVOR AND WRITE DOWN A SUMMARY OF THE FACTS.
A LAWYER WILL BILL YOU FOR A CONSULTATION AND IF THE LAWYER DOES NOT HAVE TO PLAY SECRETARY YOU WILL SAVE MONEY
A LOT MORE INFO IS NEEDED.
DO YOURSELF A FAVOR AND WRITE DOWN A SUMMARY OF THE FACTS.
A LAWYER WILL BILL YOU FOR A CONSULTATION AND IF THE LAWYER DOES NOT HAVE TO PLAY SECRETARY YOU WILL SAVE MONEY
Q: What are the state & federal rules & regulations for a residential cleaning business in NJ?
Leonard R. Boyer's answer
No one on this forum, is going to do the research for free to answer your question. This will require a paid legal consultation with an experienced business attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
No one on this forum, is going to do the research for free to answer your question. This will require a paid legal consultation with an experienced business attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Q: In an LLC, can members be anonymous to othwr members?
Benton R Patterson III's answer
An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.
An attorney would need to review the LLC operating agreement. It may be easier to multiple business entities to mask the owner's identify. You should speak with a local business attorney.
Q: Can I legally set up an online private exchange for the stocks of a family owned company?
1 Answer
| Asked
in
Business Formation, Business Law and Mergers & Acquisitions
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
This is likely subject to SEC regulation. You should speak with a securities lawyer before setting up a share exchange.
This is likely subject to SEC regulation. You should speak with a securities lawyer before setting up a share exchange.
Q: Do we need to start a new LLC for a building and land in TX and do we need both in the new LLC's name?
Benton R Patterson III's answer
Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.
Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.
Q: if a person is member of two LLCs and one gets a loan and defaults. can collectors come after the other LLC ?
Benton R Patterson III's answer
This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.
This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.
Q: I am using cryptocurrency investment profit for closing costs. They dont accept it.
1 Answer
| Asked
in
Banking, Business Law, Civil Litigation and Contracts
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.
In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.
Q: My friend and I want to open a join business account. We will be opening it with a DBA but I'm concerned about banking
1 Answer
| Asked
in
Banking, Business Formation and Business Law
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be able to enforce the contract against the bank because the bank is not a party to the contract.
Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be able to enforce the contract against the bank because the bank is not a party to the contract.
Q: If a judgement is ordered for monetary of 10,000 and to post collateral of 260,000 but do not have collateral then what?
Andy Wayne Williamson's answer
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
Sorry for your situation. There is no way to say without knowing more details. I suggest that you consult with an attorney from your area to go over the full details and then get specific advice.
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider's answer
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
Q: how can you preclude acceptance to just the terms of the offer?
Jake Andrew Snider's answer
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.
Jake Andrew Snider's answer
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?
Jake Andrew Snider's answer
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
Q: Is it against the law to ask someone to commit federal fraud?
1 Answer
| Asked
in
Business Law, Construction Law, Criminal Law and Federal Crimes
for
Kentucky
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Q: Im work in collections in FL and my employer wants me to answer this letter from a CA. atty. im concerned if I should.
2 Answers
| Asked
in
Business Law, Collections and Consumer Law
for
Florida
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
You didn't copy the entire letter. What specifically demand that your agency cease doing?
No, you aren't taking the fall; you are doing your job. Answer the letter.
You didn't copy the entire letter. What specifically demand that your agency cease doing?
No, you aren't taking the fall; you are doing your job. Answer the letter.
Q: If I own an investment company IBC in Belize under a nominee director and shareholder, am I a CFC? (View details)
1 Answer
| Asked
in
Business Formation, Business Law and Tax Law
for
Florida
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Andy Wayne Williamson's answer
This is way too complicated a situation to be answered via this type of forum. You need to hire a tax attorney or accountant to review this situation and give you specific advice.
This is way too complicated a situation to be answered via this type of forum. You need to hire a tax attorney or accountant to review this situation and give you specific advice.
Q: I’m a current California Notary Public and was convicted in 2012 of misdemeanor domestic violence
Dale S. Gribow's answer
a lawyer needs more info.
why not have the lawyer that expunged your case look into notary issue.
what did you plead to initially? DV? as a felony or Misd?
what kind of sentence?
injuries?
a lawyer needs more info.
why not have the lawyer that expunged your case look into notary issue.
what did you plead to initially? DV? as a felony or Misd?
what kind of sentence?
injuries?
Q: I signed a contingency agreement for a Class Action, can I negotiate directly with the company being sued to resolve?
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Contracts
for
Kentucky
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Timothy Denison's answer
You may be inbreach of the contract if you do. If you want to negotiate the contract yourself, you should terminate the lawyers services before attempting to negotiate directly with the company. The lawyer is entitled to be paid for whatever time he has in up to the point of termination.
You may be inbreach of the contract if you do. If you want to negotiate the contract yourself, you should terminate the lawyers services before attempting to negotiate directly with the company. The lawyer is entitled to be paid for whatever time he has in up to the point of termination.
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