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Tennessee Business Law Questions & Answers
2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho
answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... View More

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1 Answer | Asked in Business Law for Tennessee on
Q: Do I need permission from Scott safety to make an adapter that fits their equipment?

I am looking to make an adapter that fits to a Scott face mask that firefighter can use to put a filter in to protect the first responders from the coronavirus. I’m worried there may be an issue with making an accessory that connects to their facemask and I’m not sure if it’s a patented... View More

Paul E. Tennison
Paul E. Tennison
answered on Mar 26, 2020

What you are attempting to do seems admirable to me in helping firefighters be able to safely continue their important work in the wake of the coronavirus pandemic. You are correct that there could be patent issues relating to this. This article I came across discuss potential patent infringement... View More

2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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1 Answer | Asked in Business Law for Tennessee on
Q: I was contracted by a 3rd party to do work. 3rd party no longer in business. Can I contact owner for payment?
Anthony M. Avery
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answered on Mar 24, 2020

You are missing alot of facts which will be important. But if you are careful in deciding exactly who to sue and where to serve them, you might sue both of them for breach of contract in General Sessions Court. Also it may be worth your while to hire an attorney to file a Mechanics and... View More

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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1 Answer | Asked in Animal / Dog Law and Business Law for Tennessee on
Q: Is it illegal to run a dog kennel business out of a garage? Murfreesboro, TN

There is a home near to me and they have several dogs in crates in their garage. They also have about 6 puppies that they put in their front yard in a small cage. I have never seen anyone spend time with any of the dogs. They do open the garage door occasionally and when they do the dogs... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 7, 2020

If you suspect this is animal cruelty or unlawful contact PAWS in Rutherford County at 615-898-7740. They should be able to respond.

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for Tennessee on
Q: I was called by a police officer and told that he didn’t want to put out a warrant but was only investigating.

Gave me the number of a “victims” dad to call and work things out. I feel like I’m being scammed

Anthony M. Avery
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answered on Feb 5, 2020

Hire a competent attorney to negotiate any prospective restitution to victims. Talking to victims directly is always bad, and make a bad situation much worse.

1 Answer | Asked in Business Law and Public Benefits for Tennessee on
Q: Would Sonic Drive-in be considered a place where the public congregates?

My local Sonic has no restroom for the public, and even denies access to their employee restrooms to their paying customers

Bennett James Wills
Bennett James Wills
answered on Jan 8, 2020

They are not required to provide a public restroom, nor are they required to permit a private person to use an employee bathroom unless several conditions are met pursuant to TCA 68-15-303.

2 Answers | Asked in Business Law for Tennessee on
Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 19, 2019

Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... View More

Brandon D. Fersten
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Brandon D. Fersten
answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... View More

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I... View More

Paul E. Tennison
Paul E. Tennison
answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... View More

1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... View More

Paul E. Tennison
Paul E. Tennison
answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
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2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... View More

Bennett James Wills
Bennett James Wills
answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that... View More

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... View More

Frank J. Steiner
Frank J. Steiner
answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Law and Municipal Law for Tennessee on
Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local

Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 17, 2019

Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for... View More

2 Answers | Asked in Business Law for Tennessee on
Q: Piece of plastic/paper found in daughter's McDonald's drink. What do I do?

My mom took my 14 yo daughter to get a drink at McDonald's tonight, where they go all the time. Normally, my mom gets a lg Diet Coke and my daughter gets a lg sweet tea, but tonight they switched, and my daughter got the Diet Coke. There are a few employees at this McDonald's that do not... View More

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2019

In order to have a claim for negligence or an intentional tort you must have suffered damages. Damages usually means physical damages or monetary damages. On the facts you provided, no one got hurt (fortunately). Since you suffered no damages, you would have no viable legal claims. Best option... View More

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