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Kentucky Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Kentucky on
Q: On July 7th 2020 I went to a local car dealership and traded in my vehicle which I was told to get $1,500 for trade.

I traded in my vehicle which was told to get $1,500 towards purchasing my new car plus I made a down payment of $700 I signed a few papers I gave them the keys to my car I was trading in bring my credit card. The salesman even took a picture of me in front of the car with the keys. Yesterday my... Read more »

Timothy Denison
Timothy Denison answered on Nov 18, 2020

You need to hire a lawyer to file suit against everyone for your car and deposit.

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for Kentucky on
Q: How do I collect on missed rent even though the tenant has moved out a month after?

They have a 3 month lease and only paid deposit and one month. They left the 2 weeks after the 3rd month

Timothy Denison
Timothy Denison answered on May 18, 2020

You’ll have to sue them to collect your money.

3 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: What is the risk of filing Chapter 7 as a single owner LLC?
Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 30, 2020

In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Kentucky on
Q: I live in the state of Kentucky where I own a business. I have had $1,400 stolen from me by the financial app venmo

Venmo is a popular app that is used to process financial transactions so that people can easily access funds online. Venmos reputation is littered with hundreds upon thousands of complaints about they're misleading policies and theft of funds for no reason. Venmo has stolen $1,400 from me that... Read more »

Timothy Denison
Timothy Denison answered on Feb 29, 2020

Contact an attorney immediately and look into filing suit against Venmo.

1 Answer | Asked in Business Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Is it legal for a business to deny calling 911 when me as a customer has been violently threatened in their parking lot

A lady came barreling down the parking lot and i was taken back by it and asked her to watch her speed she then attempts to run me over with her car ... I then proceed back into kroger to ask store manager to call police enforcements and he without hesitation stated that he would not do so

Timothy Denison
Timothy Denison answered on Feb 8, 2020

Yes. It is legal but you can always call the police directly.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Business Law for Kentucky on
Q: My husband passed and my name was not on title of car however I am his wife and payments are made t&ey repossessed

Anything I can #o

Timothy Denison
Timothy Denison answered on Feb 8, 2020

You may have a claim for wrongful repossession and damages if the loan was not in default. Consult a debtors rights lawyer.

1 Answer | Asked in Business Law and Consumer Law for Kentucky on
Q: I would like to publish a certain type of ad for my website, but I want to know if it falls under false advertisement.

I sell magnetic therapy bracelets online. They are not proven to have any benefits with studies, but I want to run an ad that has a picture of a bracelet and also a before/after of a woman who lost weight. Does this fall under false advertisement and can I get sued.

Nowhere in my website or... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

If you are going to run the ad, you should put the disclaimer on the ad that you set out above. That should protect you from any claims of fraud.

1 Answer | Asked in Business Law and Employment Law for Kentucky on
Q: Employer claims that they do not need to compensate employees for time spent donning and doffing on meal breaks.

Ok, so our employer claims that they do not need to pay employees to don and doff their protective personal equipment who choose to leave the premises on their 30 minute unpaid meal break. This in turn reduces the 30 minute meal period to the employees who choose to leave the premises for food or... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 6, 2020

These types of cases are heavily fact dependent and more information is required to evaluate your claim. There are cases where courts have held that this type of activity is compensable and cases where courts have held it is not. You should reach out to an employment law attorney for a consultation... Read more »

2 Answers | Asked in Contracts, Tax Law, Business Formation and Business Law for Kentucky on
Q: Best small business structure llc, or s corp?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 30, 2019

That depends on a number of additional factors. An LLC is almost always better than nothing. And the S-election requires an entity to be accepted. So the LLC is essentially a foregone conclusion. The question becomes to s-elect or not.

That question becomes first an issue of eligibility....
Read more »

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1 Answer | Asked in Business Law for Kentucky on
Q: I'm developing a product that involves the use of other trademarked products from another company. Is this ok?

To be specific, it is a container made specifically to contain and transport Nintendo Switch games. The product explicitly details it is for Nintendo Switch games. I assume this could be an issue due to the face the Nintendo Switch is a registered trademark of Nintendo. What do I need to do for... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 6, 2019

You need the input of a trademark attorney. You're correct in that this involves business law, but your question would have a better chance of being seen by a trademark attorney if you reposted in the Trademark section. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Business Law and Civil Rights for Kentucky on
Q: about harassment in 2016 that im still effected by today.

Back in 2016 my mother had got tires/rims from a shop in KY and she was 1 month behind on her payment and they back then had called me over 100 times on my phone, no lie. They would call and re dial to the point i could not call out and they did this for hours. Now when the phone rings i get sick... Read more »

Timothy Denison
Timothy Denison answered on Feb 23, 2019

You would need the records of the calls or some sort of proof that the calls were actually made. The statute of limitations may have also run.

1 Answer | Asked in Criminal Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I visited my fiance at Muhlenberg Detention Center, I was told my pictures were to racy because my cleavage showed.

Now when I go to visit, the front office clerk makes me take my jacket off to determine if I can take my jacket off or if I have to zip it up. I post picture of myself on social media with the same clothes on, they're not distasteful at all. I have children so I wouldn't put myself on... Read more »

Timothy Denison
Timothy Denison answered on Jan 27, 2019

Bottom line, visiting an inmate is a privilege, not a right, and corrections has pretty wide latitude in enforcing their rules and regs. There’s no real good end in a case like this, bc there’s no money and no damages. Although you won’t like this answer, safest route is dressing like it... Read more »

1 Answer | Asked in Business Law for Kentucky on
Q: Is it possible to obtain a legal license to produce adult pornograpy in Louisville Ky
Timothy Denison
Timothy Denison answered on Sep 27, 2018

Yes. You would need to apply with Louisville Metro IPL.

1 Answer | Asked in Business Law and Contracts for Kentucky on
Q: Is a bill of sale that is not notarized, missing information or has incorrect information, or was given false info legal

So I recently Traded my boat for another. We both assured each other that the boats were perfectly sound and in running Condition. So he wrote a bill of sale and I signed the paper that wasn’t notarized and he handed me the title. I informed him I do not have the title to the boat I traded and... Read more »

Timothy Denison
Timothy Denison answered on Aug 25, 2018

The fact that it is not notarized or has missing information is of no import. Incorrect info maybe/maybe not. Where you may win is fraud. You may have to file suit to do it, but if he made fraudulent misrepresentations about his boat, you should prevail.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Kentucky on
Q: I financed a new heat pump amd was promised money back and they have not put it in yet

They told me I had to sign papers and call the loan place and they had to be here when I did and I had to tell the loan place that the job was done and it was done right and I was satisfied and they told me they would give me 1750 cash back and a 750 from the Recc electric company and its been... Read more »

Timothy Denison
Timothy Denison answered on Aug 17, 2018

Print out all your proof and let a local attorney review it. You may have to sue them for breach of contract to collect.

1 Answer | Asked in Criminal Law and Business Law for Kentucky on
Q: Can a 501c treasurer be charged with theft of company property (e.g. checks and financial records as well as PO box key,

blank checks, income and expense documents, check registers, invoices and bank statements. If so, where would we look in the KRS for applicable statutes?

Timothy Denison
Timothy Denison answered on Apr 28, 2018

Yes. KRS 514.030.

1 Answer | Asked in Business Law, Construction Law, Criminal Law and Federal Crimes for Kentucky on
Q: Is it against the law to ask someone to commit federal fraud?

I am a contractor on federal grant funded project and the owners ask me to falsify time sheets and and give them free labor and cabinets on a kitchen remodel at his house.

Timothy Denison
Timothy Denison answered on Apr 18, 2018

Yes. That is against the law. Don’t do it.

1 Answer | Asked in Business Law, Contracts and Bankruptcy for Kentucky on
Q: If a business goes bankrupt, is there still something you can do seven years later?

We out grew our old church and built a new one 7 years ago. The primary contractor went bankrupt while building our church. It cost $3 million dollars; however, it is definitely not a $3 million dollar job! We have had MANY problems because of "shotty" work, lesser quality materials,... Read more »

Timothy Denison
Timothy Denison answered on Apr 17, 2018

If you were listed as a creditor in the bankruptcy seven years ago the contractor was discharged, your opportunities died with the discharge. If you were not listed as a creditor, then you may take action against him.

1 Answer | Asked in Contracts and Business Law for Kentucky on
Q: A friend and I opened a company with 50-50 owner ship.

He is trying to force me out of the company. He is also saying I have to pay taxes on half of the money the company made but I was never paid that money. So what should I legally do to keep this from happening

Timothy Denison
Timothy Denison answered on Apr 17, 2018

You’re going to have to hire a lawyer to protect you. If the business is a sole proprietorship, the taxes should be paid by the sp before any profits are distributed. If there is a deficit, you each owe 1/2 the deficit. If it is a Partnership or corporation, similarly, the p or c should pay... Read more »

1 Answer | Asked in Business Law, Contracts and Tax Law for Kentucky on
Q: Why can my LLC’s liquor/beer License be revoked due to unpaid state taxes by LLC I bought the business from?

I was never made aware of the previous owners delinquent state sales taxes prior to my purchase. And the state of Kentucky even approved and took full payment for my Transitional Liquor License Application. Only then was I informed of the previous owners delinquent sales tax status. If previous... Read more »

Timothy Denison
Timothy Denison answered on Apr 17, 2018

Liquor licenses are a highly regulated area by government. When you purchased the LLC you should have been made aware of the back taxes owed. You probably have a cause of action against the sellers for failing to disclose that information.

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