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Missouri Business Law Questions & Answers
2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 4, 2023

If your business is a sole proprietorship, then yes, when you file for bankruptcy relief, all assets and liabilities of both you and your business are submitted to the bankruptcy court and subject to the claims of creditors.

If your business is in corporate form, and you've been...
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2 Answers | Asked in Bankruptcy and Business Law for Missouri on
Q: What happens when you declare bankruptcy for your business? Will they come after personal assets?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 4, 2023

Forgot to mention- if your business has been operated as a partnership, with you as a general partner, then you will be personally liable for any unpaid partnership debts. That is true even though a partnership is deemed to be a separate legal entity, entitled in its own right to file for... View More

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2 Answers | Asked in Contracts, Business Law, Entertainment / Sports and Intellectual Property for Missouri on
Q: In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee?

In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee for their services? I'm aware it may not be common, but could it still be legit? For starters, me and my team reached out to him to pitch my music. He ended up really liking me and a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

It is generally not common for a legitimate talent manager to charge an upfront fee for their services. However, there may be some cases where a manager with ties to a major record label, such as Atlantic Records, may charge an upfront fee for their services.

It is important to carefully...
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1 Answer | Asked in Business Law for Missouri on
Q: Does a chamber of commerce have to follow Sunshine Law (posting meetings, etc) since receive monthly payments from city?

Do we have to follow Sunshine Law in respect to posting meeetings, request for documents (copy of meetings, etc) given that we receive monthly payments from our local city government and have received federal grant money in the past?

Matthew Morris
Matthew Morris
answered on May 2, 2023

The answer to this question will depend on looking closely at the facts of the chamber's relationship with the city. The receipt of some payments or grants, by itself, is not the issue. The question is the relationship between the chamber and the city.

Under Missouri law, the Sunshine...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for Missouri on
Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?

I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 7, 2023

You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise... View More

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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1 Answer | Asked in Contracts and Business Law for Missouri on
Q: Can I sue Amazon for publishing my book without my knowledgel?

I was told about a year ago that my account and book were removed from Amazon and I found out today they still had my book in their online book store. What are my options?

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 15, 2022

I would have to see the agreement you signed with them. I would also have understand how they communicated to you that your account and book had been removed.

Based on this information, it may make sense to develop a litigation strategy.

1 Answer | Asked in Business Law, Consumer Law and Contracts for Missouri on
Q: I ordered a boat in Missouri and got an INITIAL Purchase Agreement. I was told that this IPA would get the boat building

process started and if I didn't want the boat once it was built, they would sell it at their dealership. I electronically signed the paperwork but they did not. About a month later I received a Final purchase agreement from the bus. manager and it was for $9,000 less. I liked that price so I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 19, 2022

They are withholding the title, so the answer to your question of whether they can hold the title is "yes." The better question is whether you would be in strong legal position if you were to sue. Any attorney would need to review your contract and be hired in order to give you sound... View More

1 Answer | Asked in Business Law for Missouri on
Q: Is it legal for someone to embellish hats with logos on them and sell it?

I'd like to sell wig hats with hair attached, and embellish it with rhinestones. I'd also like to sew animal ears on them. The hats that I plan to use are from brands like Nike, Chanel, Adidas, and Coca-Cola.

Michael Burk
Michael Burk
answered on Jun 28, 2022

No. These companies have registered trademarks and trade dress filings that cover the logo hats they manufacture. You may for your own use embellish your own hat by one of these brands but if you sell their hats embellished in commerce they will sue you for infringement, obtain an injunction... View More

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... View More

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
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1 Answer | Asked in Business Law for Missouri on
Q: I was an auto dealer until 11-14-2022. Wells Fargo repo'd a vehicle I sold and sent me a bill for gap refunds on12/10/23

Is there a Missouri statute regarding timely bill delivery and payment of such

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I have succeeded in getting a client their vehicle back in a situation similar to this.

1 Answer | Asked in Criminal Law, Business Law and Construction Law for Missouri on
Q: 1 cnt diceptful business practices and 1 cnt stealing. 1st offence. not guilty Whats going to happen. Can I beat it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 18, 2022

No one here know the facts, the evidence, and how testimony will be viewed. Until a jury renders a guilty verdict and it is upheld on appeal, anyone can theoretically beat any charge.

2 Answers | Asked in Real Estate Law and Business Law for Missouri on
Q: Can you recommend an attorney in the state of Missouri who can help with processing claims for recovery of overages

We mainly work with helping claimants to recover overages from a tax lien sale and in MO it requires an attorney to file a petition with the courts.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 20, 2022

Overage of what?

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1 Answer | Asked in Business Law for Missouri on
Q: My former business partner redirected an invoice from what is now my firm to his new firm. Is this illegal?

My former business partner redirected an invoice from what is now my firm to his new firm. He did not inform me of his action. He is entitled to the funds, but he was no longer with my firm when he made the transfer and he used access to his work email from my firm to do so. I

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 1, 2022

He may have violated Missouri’s statute against computer tampering. The big question is whether you wish to spend money pursuing him.

1 Answer | Asked in Business Law for Missouri on
Q: Does an S-Corp protect the owner from losing their personal belongings or their cemi trucks they use for the business.
Robert Grant Pennell
Robert Grant Pennell
answered on Feb 24, 2022

Creating a corporation (either under subchapter S or C) or a limited liability company to operate your business is a wise decision for multiple reasons, one of which is the protection of your personal assets. Typically, that means that your personal belongings and similar items could not be sought... View More

1 Answer | Asked in Business Law for Missouri on
Q: Under what circumstances is a small business required to have a public restroom?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 14, 2022

Check with your local governing authority.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Missouri on
Q: I am a small business owner who rents a building in Missouri my landlord is owed money for last months rent he said

If I don't pay him now he's locking up my businessis this even legal

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Nov 5, 2021

It is unlawful for your landlord to engage in “self help” by changing the locks.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 30, 2021

I recommend that you have an attorney review the agreement to determine if it is enforceable.

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1 Answer | Asked in Business Law for Missouri on
Q: Do I need a translator to transclude a contract

If bifurcation is a breach of contract

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 20, 2021

Your post is not well written. I think you need some help.

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