isn't the client list my property?
A: The client list is the property of the employer, because all efforts of an employee within the scope of employment is the property of the employer.
Wouldn't the value diminish because i wouldn't sign a noncompete and i would be free to solicit my clients at my new location?
A: The fact that there is no noncompete does not mean that you can take the client list from the former business. In other words, you can compete, but a successor owner could attempt to sue you for the conversion/civil theft of the customer list. Obviously, this is a difficult case for the successor business to prove, and it is one of the reasons why employers require noncompete clauses in employment contracts
in essence i am the goodwill of the business. the location is not good either all
of the businesses in my shopping center have failed but me so doesn't this also diminish the value of my client list?
A: This is not a legal question. It's a business valuation question. You're probably a better judge of this than would be any attorney.
the trustee also said the bankruptcy was a sham because i didn't move to a new location. what can i do about that ?
A: If the trustee is asking the court to dismiss the bankruptcy, then you will have to show that you have not plundered the business' assets to start a new business. The client list could be proof supporting the trustee's claim. It's your burden to show that your business is entirely new, and that you are not trading on the goodwill of the former business. If you do not, then the bankruptcy will be dismissed.
Hope this helps. NOTICE
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