It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to...Read more »
Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... Read more »
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should...Read more »
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a...Read more »
It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.
I resigned from my job and returned their equipment. I fulfilled my obligation and was given the incorrect mailing address (zip code). I called several times with the carrier to correct the mistake and I also informed the manager with a screenshot of the info I was given. They apologized for giving... Read more »
This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to...Read more »
If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease...Read more »
We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still... Read more »
Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the...Read more »
It sounds like you're acting as a Secretary of a N.C. corporation and attempting to comply with Section 55-16-01 of the North Carolina General Statutes in keeping the minutes of all meetings of the board members.
I am unaware of a specific requirement under North Carolina to include...Read more »
Many powers and restrictions of an HOA are outlined in the governing documents of the HOA. Please consult your articles and bylaws and/or an attorney to determine if these rights are spelled out in them.
The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law,...Read more »
Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should...Read more »
We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... Read more »
No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it...Read more »
I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... Read more »
Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to...Read more »
While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to...Read more »
If a home builder has a string of records not to pay sub contractors for their work after received payment from the home owner and causing home owner to get lien on their properties, is this a fraudulent business practice? The same business move money between accounts to avoid judgement, is this a... Read more »
You can certainly discuss this issue with a district attorney, but it is unlikely they will take any action. It is really a civil matter and can be pursued through a variety of causes of action to address the issues you describe. You may also consider contacting the Consumer Protection Division of...Read more »
I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example:...Read more »
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