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Texas Business Law Questions & Answers
1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: In TX if file bancruptcy 7 will they sell my shop's equipment?

I am living on ramen, bypassing medical, letting people go, in order to keep that place open. I was told by someone that I should file for bancruptcy because would be same initial hit to my credit score if I did debt consolidation/settlement....but if they take and sell my mechanic shop's... Read more »

Timothy Denison
Timothy Denison answered on Jan 24, 2020

Depends on the fair market value of your tools and equipment and your state or federal exemptions. You should consult a competent bankruptcy lawyer who can examine your complete financial situation.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an unqualified...
Read more »

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C. I... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Hello, I am starting a skateboard company and was wondering if it is legal to derive an image of a popular character?

When I say derive, I mean say there is a movie I like, and I wanted to use elements of said movie for my own design. not including the name of the movie or even the face of the character from a movie. its just clear that the image is derivative of said movie. Example: a woman with a chainsaw hand... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry your question remains open for a month. You could try reposting in Intellectual Property and its related categories; it could have better chances of being seen by attorneys with insight in these issues. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Texas on
Q: I want to raise money for a charity organization I volunteer for. Am I allowed to go out on campus (I attend UT Austin)

And play my guitar and sing to try and raise money? Is that illegal? Is it illegal to do so in any public area in Austin?

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

If you attend UT, then ask the office of the dean of students or whichever office is in charge of all those activists on the West Mall.

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Texas on
Q: Do I need to hire a lawyer?

I hired a contractor to build a driveway for a property my brother owns. After going back and forth I have asked him to finish the driveway by supplying more rock. I still owe him $4800 which I am refusing to pay until the job is finished. He dug the drive to deep and did not put enough rock in... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

That's a decision that's up to you. If the two of your bring lawyers into the fray, between the two of you, you could easily chew through your amount in dispute of $4,800 between intakes, document reviews, drafting summons and complaints, answers, depositions, hearings, etc. And you could still be... Read more »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: How to determine the value of a business thirty years ago?

someone almost thirty years ago gave (Probably, sold it.) someone a convenience store that did not

even have a one year leas left. We think the value of the business based on the fact that it did not even

have a year of lease left, in store sale and the inventory could not be more... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 7, 2019

This is really the territory of tax attorneys, business litigation attorneys, or sometimes divorce attorneys where spouses jointly hold interests in a business. But your question remains open for five weeks. There are companies and consultants out there that perform business valuations and that... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: can a car dealership choose which customer gets warranty on vehicle
Tim Akpinar
Tim Akpinar answered on Aug 17, 2019

Your question appears to involve Texas consumer law (Texas appears at the end of the question, but Albuquerque, New Mexico appears at the beginning). If you are in Texas, a Texas attorney would be the best person to advise. However, your question remains open for three weeks. As a general matter,... Read more »

1 Answer | Asked in Workers' Compensation, Business Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Does making False statements to OSHA qualify as violation of the False Claims Act?

e.g. if Someone makes false statements to an administrative agency of the United States in order to get out of a fine, will this qualify to be potentially prosecuted under the False Claims Act (31 U.S.C. 3729 et seq.) in addition to qualifying under other appropriate federal laws?

Roy Lee Warren
Roy Lee Warren answered on Jul 29, 2019

I am sorry but this does not appear to be a wc type of question. Also most wc cases are governed under state law, not federal. However, according to the state wc laws a person can be prosecuted for fraud if they knowingly lie to obtain benefits. I'm not sure if that answers your question but I... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Texas on
Q: How can I check a case number online
Tim Akpinar
Tim Akpinar answered on Jul 29, 2019

You could check with the court system that serves your jurisdiction. Most unified court systems post case resources online. You could also contact the office of the court clerk for assistance. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Business Law, Federal Crimes and Small Claims for Texas on
Q: Is it legal for a Cohabitant to take your car titleand sell it to a salvage yards? What laws were broken and by whom?

Vin number had been altered and parts were sold

Roy Lee Warren
Roy Lee Warren answered on Jul 13, 2019

I am assuming they did not just sell the title but the car also. If the person was not otherwise entitled as an owner to the car they had no right to sell it. The level of the theft charge (or conversion) would depend on the value of the car and how the theft occurred. Other factors that determine... Read more »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on
Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Business Law and Tax Law for Texas on
Q: Business partner filed for a withdrawl of assumed name, is this considered a dissolution?

In 2018 my business partner emptied and closed our business account and started a competing business. She told clients awful lies about me and refused to sign a dissolution agreement or anything to help dissolve the partnership. This left me financially devestated. I kept the business going and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Have signed contract w GC- he was paid but he didn’t pay his subs for work done. What is my liability - if any?

I have a signed contract with a GC and have paid him 2/3 of the contracted amount. He wanted more $ because he had spent on work done- when I asked him to show receipts he could only produce a little under 1/2 of what I PD him and left his subs owing them.

It’s commercial RE- space build... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2019

The terms of your commercial contract will control this situation.

1 Answer | Asked in Contracts, Employment Law and Business Law for Texas on
Q: Is it legal for a property management company to force a contractor to fill out a questionnaire inquiring if we the con

Is it legal for a property management company to withhold payment and force a contractor to fill out a questionnaire inquiring if we the conTractor or contractor’s employees are part of any civil or criminal actions, administrative, or legal proceedings? Not that we are but I found it odd that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2019

Yes, it is perfectly legal for property management companies to require such sensitive information from contractors, as well as all other venders. In fact, many property management companies require vendors to post surety bonds before hiring them.

Bottom line: If you ever want to work for...
Read more »

1 Answer | Asked in Business Law for Texas on
Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?
Matthew Valley
Matthew Valley answered on Apr 27, 2019

That really depends on the governing documents. You really need to consult with a local business attorney to determine what avenues are legally available to you.

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on
Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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