So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).
A general partner is personally liable for the debts of a... View More 
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
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answered on Sep 8, 2023
If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More
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answered on Aug 17, 2023
To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More
Skippy's Snack Shack
answered on Aug 8, 2023
If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More
Skippy's Snack Shack
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answered on Aug 15, 2023
Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More
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answered on Jul 7, 2023
A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.
When purchasing a business owned by a... View More
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answered on Jun 22, 2023
The elements of deposit account fraud are 1. that the accused wrote or paid someone/some place with a check that 2. they knew wouldn't be honored by the bank when deposited. The fact that the check was from an LLC business account might may be part of a defense to the charge, but otherwise... View More
I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks
answered on May 15, 2023
People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost... View More
A member is requesting FY2021 Annual Financial report, all financial records for FY22 including incoming funds, and outgoing funds (checkbook stubs/ledger), money market balance, and "bottom line" total assets as of now (checking, money market, CD's and anything else).
answered on Mar 8, 2023
Let's start with the FY21 financial report. Under Georgia law, a nonprofit corporation "shall furnish" a member with a copy of "its latest prepared annual financial statements ... in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year... View More
answered on Jan 23, 2023
You cannot retroactively change the name of the organizer once the entity is filed with the secretary of state. However, keep in mind that "organizer" does not mean that person is actually an owner of the company. It is simply the person or entity that files the articles.
I opened a LLC in Georgia in 2014 with 2 members in the Articles of organization, me and my spouse. I also elected for an S-Corp status (2553 & 8832) the same year. Now I want to revoke the S-Corp election AND also convert the multi member LLC to a single member LLC (my spouse will no longer be... View More
answered on Oct 11, 2022
No. There is no form to change to a single member LLC. You just transfer the membership interests to you from your spouse. And you do not need to record anything or file anything with the SOS unless you included ownership in the Articles of Organization.
I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... View More
answered on Sep 30, 2022
If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... View More
I am wondering if buying and renting residential property in GA means the out of state LLC needs to register as a foreign LLC in GA. No other business will be conducted outside of renting to tenants in the state of GA.
answered on Aug 16, 2022
Simply owning the property would not require foreign entity registration, but if the LLC rents out the property it would be deemed to be conducting business in Georgia and would be required to register with the Georgia Secretary of State.
I first want to know if this is legal and if so how do I set this up
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answered on Jul 19, 2023
First and foremost, I must emphasize that I'm not a tax attorney, but I can provide you with some general guidance. The structure you're referring to may involve creating a separate legal entity, such as a corporation or a limited liability company (LLC), for your business. By having the... View More
i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience
answered on Apr 20, 2023
A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More
I filed for a bankruptcy on myself and my old business. It was filed and discharged back in 2022. I want to start over, but this time with a business partner. My old business was custom apparel. This new business will be a collection of businesses. Custom Apparel, Embroidery, banners, print shop,... View More
answered on Apr 20, 2023
If you disclosed all of the debts and assets of yourself and your old business in your bankruptcy Schedules in last year's case, and you've received a discharge, then all of your old creditors are barred from attempting to collect on those discharged debts at this point.
Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree
answered on Mar 23, 2023
I would need more information on the company, ownership percentages, positions, duties, contracts, etc. But generally speaking, you all would have to all agree to properly dissolve the company.
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
https://scholar.google.com/scholar?hl=en&as_sdt=4,11
answered on Feb 14, 2023
What is the question?
All non-exempt property of the debtor is for sale by the trustee in Chapter 7. If you have issues with this, contact a local bankruptcy lawyer for guidance. But you should contact the trustee.
The trustee's name and address are on the docket of the case... View More
I have a broker who drafted a purchase agreement between me and a potential buyer of my business.
The agreement was based on multiple emails and texts which the buyer and I had agreed on terms, conditions and price.
Two days ago she sent an email saying she couldn't sign... View More
answered on Dec 19, 2022
If there was an enforceable agreement, whether orally, via e-mails or through a more traditional written agreement, it depends on the terms of the agreement. If there was not an agreement there cannot be a breach.
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