I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »
I would never advise any client, ever to set up a Sub-Chapter S corporation. It offers no benefit to anyone other than the accountant who probably set it up for you. You need to have a strategy session with an experienced Bankruptcy attorney. You are not going to be able to purchase a new house at...Read more »
You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a...Read more »
This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.
My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »
If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state...Read more »
A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »
These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation...Read more »
i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »
It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is...Read more »
A friend convinced me that I needed an LLC to sell homemade masks to friends and family or on Etsy. He says there will be tons of lawsuits against mask makers if people get covid. Do you think this is a serious risk to my little homemade business, even if I have a disclaimer saying these masks are... Read more »
Well ... as a general rule, you will want three "hurdles" between you and the litigation attorneys.  a legal entity like a corporation or LLC ...  good insurance and ...  good management/disclosure protocols. Most of the time, a litigation attorney can get over two of the...Read more »
Competitions are only giving credit, but some of our dancers are not returning to classes. Parents want a cash refund which involves thousands. Basically the competitions are holding our money forcing us to return to their competition.
By law do I have to give these refunds if I have not... Read more »
The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about...Read more »
I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.
In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your...Read more »
We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?
I am a sole proprietary business owner and married. I started my home business in August of 2019 and I work another job. The business has taken a hit due to COVID because most of the income is generated in-person sales. I was thinking of filing a chapter 7 but I was unsure how that could impact... Read more »
In Illinois a homeowner is entitled to an exemption for their home. The exemption amount is $15,000 per person - so $30,000 if a married couple (assuming both spouses file). Since you are married, if you have more than $30,000 in equity, then you may have issues. If you have less than $30,000 in...Read more »
I work in sales. We had a commission and payment plan we all agreed to for Q2 (April-June). The month after they changed the commission plan because "too many people were doing poorly" however I was doing very well and now they have taken away everything I did in Q2 during COVID after... Read more »
I had a case like this several years ago, but in that case, it was changed because the salesmen did so WELL! Sometimes these plans contain language saying that they can be unilaterally changed/discontinued at any time. That may not be an enforceable term of the contract. If you were paid the...Read more »
It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using...Read more »
The store can require you to wear a mask if you want to shop inside the store. It is a state requirement that everyone must wear a mask if you want to go inside any store which remains open for business in California. Last I checked, Orange County was still part of California. The governor has...Read more »
I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other... Read more »
If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there...Read more »
They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »
This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to...Read more »
I am using an online form software to have customers sign COVID19 declarations (i.e. affirm they exhibit no symptoms). The form supports signatures, names, and other relevant information for a legally binding contract. The form the customers fill out has the contract outlined in it.... Read more »
It would be unwise for you to do anything to manipulate a signature from someone else. Your problem is both a legal one and technical one. You need a better online document. There are currently several platforms available to create the contract with signatures, and I just had to sign several for...Read more »
I was laid off due to coronavirus in feb and got a better job during the time off. I was given my estimated start date but I am not going to Return to my original job. My employer is telling employees to resign/quit if they do not want to return. Is either in my best interest? I am enrolled in... Read more »
If you have a new job lined up and do not have to worry about immediately qualifying for unemployment insurance benefits, then the main thing for you to consider is what you want future employers to know about how your employment ended. Quitting to move on to a better job is usually a good thing...Read more »
We have bombed the location 3 times, treated 5+ and still infested from rodents living under the floor. We're paying rent though still unable to do business because of COVID. But the space has been uninhabitable regardless. Are we still responsible for paying rent if the space is toxic with... Read more »
So sorry to hear about this. The value of the rental directly corresponds to the quality of the Rental, and it sounds like the condition has seriously negatively affected the quality. A rental comes with a "Warranty of Habitability" and if the LANDLORD breaches that warranty, your...Read more »
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