A Delaware attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are looking to challenge hiring restrictions appearing in a corporation's constitution, or are looking to appeal a lower court decision involving those restrictions. In...Read more »
The "curtain" drops regarding debts and assets on the day a Ch.7 case is filed, for purposes of determining what assets are included in the bankruptcy "estate", as well as what debts will be subject to discharge.
Any duly perfected lien will not be discharged, or...Read more »
The question regards a contract for employment. Was the contract received following an interview? Does the company sell goods or provide services? Is the employment offer for a job for which you applied? Does the Better Business Bureau or the Chamber of Commerce recognize? How long has the...Read more »
The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... Read more »
Firstly, a forum like this is an inadequate place to answer a complex question such as yours.
If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to...Read more »
Dec-Feb we had a contractor doing work on the house. He used my home depot credit card use for supplies. I rcvd the card back with the receipt each time. So he may or may not be connected with the fraud.
In March we had $640 worth of fraud charges on the... Read more »
I am sure that Delaware has a small claims court system. Your claim, being under $1000.00 will most likely fall in the jurisdiction. You need to sue the contractor for use of the CC beyond the permissive use you gave him. Pay the CC to preserve your credit. HD really did not do anything wrong,...Read more »
I have been furloughed for COVID, now my boss is telling me she cant afford to bring me back and can only pay me for 2 more weeks or I will have to renegotiate my contract. I am getting ready to sign a mortgage so this ie really putting me in a bind.
I would recommend reaching out to an employment law attorney in your state. It sounds like your employment is governed by a contract, so if your employer is not meeting their obligation within that contract, they may be in breach. There are different strategies that can be taken depending on your...Read more »
It depends. If you have an employment contract signed by you and the employer stating that you will receive a specified salary and the employer is no longer paying you that salary, the employer may be in breach of the contract. However, employers routinely send offer letters to prospective...Read more »
She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?
It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.
By the way, the administrator of a trustee is usually called the...Read more »
The insurance company decided the other driver was at fault for an accident I was in recently. My car is not drivable and as a result I can’t see my therapist who has said I should be there every week. I have really been struggling without access to therapy, is it worth opening an emotional... Read more »
This sounds like it would be difficult case, if it were to be based on not being able to get to a therapist's office due to an inoperable vehicle, for which the fix could ordinarily be a rental vehicle or reimbursement of transportation expenses. Emotional trauma can be an element of damages...Read more »
the same individuals, as debt collectors for different entities, who are lawyers, has moved the court to sheriff sale two family properties, in less than four years, for an alleged debt and are currently attempting to move the court on a third family property, where I domicile, with no original... Read more »
This is a matter for a Delaware attorney, but your post remains open for four weeks. It's difficult to tell exactly what is taking place, whether the other side is filing motions for change of venue. A quick consult with a Delaware attorney should be able to determine your best course of...Read more »
I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... Read more »
Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and...Read more »
A med mal case is too complex a matter on which to give cookbook-style step-by-step instructions. If someone replied to you along the lines of: serve summons and complaint, conduct discovery, file note of issue, await trial, select jury, etc., it would be worthless. The entire process can take...Read more »
The law generally presumes that caring for an elderly parent is done purely out of love and affection and not for compensation UNLESS there is an agreement to pay compensation, preferably in writing. Also, keep in mind that if you do manage to prove your claim against the estate for caregiver...Read more »
You'll have long term capital gains (Carryover holding period from the deceased) equal to the sales amount less the fair market value on the date of death (due to stepped up basis) (or alternate valuation date if that was used), less any costs of sale.
divided between us. I live in DE - she lives in GA where the lawyer is - there has been nothing posted in paper regarding death or collections? she is asking me to make her "sole executor" which i do not want to do. What are my options to resolve this issue & split the inheritance?
She might want to be sole executor solely for convenience. Or she might want to keep the executor fee all for herself. Or, she might have more even more nefarious reasons. There is no way any attorney answering this question can know.
Your grandmother had reasons for naming both of...Read more »
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