Wisconsin Business Law Questions & Answers

Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.

1 Answer | Asked in Bankruptcy, Divorce and Business Law for Wisconsin on
Answered on Oct 20, 2018
Timothy Denison's answer
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...

Q: How does a business proceed on getting there vehicle back as a lienholder , if the client has a chapter 7 discharge?

2 Answers | Asked in Bankruptcy and Business Law for Wisconsin on
Answered on Aug 21, 2018
Cristina M. Lipan's answer
Yes, the lien against the vehicle is not discharged. You should probably hire an attorney to handle this for you, though.

Q: My stepfather died I hv power of attorney. Want to sell his van but has lean on it frm quick title loan. Do we hv to pay

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Probate for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.

Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?

1 Answer | Asked in Business Law, Collections and Employment Law for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
It depends on the actual language of the note.

Q: What consitutes a valid verbal contract between a business and a potential customer?

1 Answer | Asked in Contracts and Business Law for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
Based on your facts, it does not seem that you had a contract. A contract requires a meeting of the minds (i.e. exactly what work would be done, when and the cost). As I understand your situation, you wanted 3 limbs removed, which did not include one containing a woodpecker nest. You asked to have the owner contact you to get an updated estimate and discuss the actual work to be done. However, instead of contacting you, they went ahead and cut more limbs that you actually requested,...

Q: Merchandise bought and shipped from USA, force to return to China for refund?

1 Answer | Asked in Consumer Law, Business Law and Civil Rights for Wisconsin on
Answered on Jan 14, 2018
Jingzhan Wang's answer
you can ask for compensation for shipping back to China

Q: I am ready to send a business owner the creditor demand letter. Do I need to mail it?

2 Answers | Asked in Business Law and Collections for Wisconsin on
Answered on Sep 6, 2017
William F Sulton Esq.'s answer
You should consider filing a lawsuit. If the contract is between two businesses, you will need to hire a lawyer because only a lawyer can represent a business in court.

Q: Can you still sue a client that signed a contract but did not pay deposit?

1 Answer | Asked in Business Law for Wisconsin on
Answered on Jul 27, 2017
William F Sulton Esq.'s answer
You may sue her for breach of contract. Among the relief you request in the lawsuit should be an injunction prohibiting her from publishing your work.

Q: Store is closed for internet service is down. provider says they don't have enough techs. No service for days. lawsuit?

1 Answer | Asked in Business Law and Consumer Law for Wisconsin on
Answered on Jul 13, 2017
William F Sulton Esq.'s answer
The short answer is yes. The provider has breached its contract with your business and, as a result, your business is losing money. That is actionable in court.

Q: when an LLC is formed and a member invest personal money, is that members personal assets at risk?

1 Answer | Asked in Business Law and Business Formation for Wisconsin on
Answered on Feb 26, 2017
Glenn B. Manishin's answer
No, that is the legal function of the LLC form, shielding personsal assets of the members absent fraud or commingling.

Q: If I lease a vehicle for business use, how do I calculate percent business use vs percent personal use for tax purposes.

1 Answer | Asked in Business Law and Tax Law for Wisconsin on
Answered on Oct 4, 2016
Matthew M Montoya's answer
The rules are a bit different depending on whether your business is a Sole Proprietorship (Schedule C), a C-corporation, or S-Corporation. If you're like most taxpayers, you're probably using a Schedule C to report this to the IRS. In claiming business use of a vehicle, strict rules must be followed. Many taxpayers lose significant amounts of their deduction in an audit because they didn't properly document their business usage.

The IRS publishes a number of guides to provide the...

Q: Who can I contact about discrimination and licensing issues?

1 Answer | Asked in Business Law for Wisconsin on
Answered on Aug 28, 2015
Adam Studnicki's answer
A local administrative or business lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice...

Q: Can you please explain the uniform partnership act 178.21(3)(b)?

1 Answer | Asked in Business Law for Wisconsin on
Answered on Aug 25, 2015
Adam Studnicki's answer
Best to talk to a local business lawyer, who can advise about your particular situation as opposed to theoretically.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...

Q: we want to incorporate our association and change it from one persons business, what structure should we choose?

1 Answer | Asked in Business Law for Wisconsin on
Answered on Aug 7, 2015
Adam Studnicki's answer
Talk to a local business lawyer, and you'll probably benefit from talking to a CPA also. Usually, the decision is between an LLC and an S-Corp, and there are multiple ways an LLC can be taxed. The best solution for you depends on your specific circumstances and goals.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...

Q: I am interested in 2 different types of businesses, do I apply for 1 LLC or 2. Do u do LLC's and real estate law.

1 Answer | Asked in Business Law for Wisconsin on
Answered on Feb 28, 2013
Maxwell Charles Livingston Esq.'s answer
If it's two businesses, it would be two LLCs. I have filed Articles of Incorporation, and I also practice real estate law.

Please email me at max@maxlivingstonlaw.com, and we can setup a time to meet.

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