How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92498
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In State of SC----I leased a building to a couple (to run and

Resolved Question:

In State of SC----I leased a building to a couple (to run and manage restaurant) and a silent partner who was to provide funding. The managing couple of which husband was a contractor was to renovate my building within limitations of the lease agreement. Husband proceeded to gut my building to accommodate their plans. The tenants violated every provision of the lease agreement.

When the rent got behind, I called the funding partner and told him. He said that he had already sent the couple $30,000 and all they had done was the demolition phase of remodeling my building. He said that he had not done his homework before getting involved and now he wanted out of the lease. He stopped funding and the renovations came to a complete halt. It also came to light that the contractor husband only had a residential license and could not get a permit from the City beyond a demolition permit since he did not have a commercial license.

When my attorney filed for damages and past due rent, the couple declared bankruptcy. Due to their providing the bankruptcy court with an incorrect mailing address for us, we were not notified as a creditor, and they were even discharged from bankruptcy without our knowledge. The couple filed Aug 2012 and were discharged in Nov 2012. The couple and funding partner had by now joined forces to fight my suit and were using the same attorney.

My attorney wrote their attorney requesting to depose his clients and their attorney could depose me. On April 25, 2013, their attorney arranged the depositions to take place in his office. On the morning of the depositions, my attorney found out that the couple may have filed for bankruptcy from my real estate agent who arranged the lease of my building. Since I had not been notified and her attorney set up the depositions, he and I went to the depositions.

My attorney deposed the lady of the couple and also the funding partner. Their attorney deposed me. During the deposition of the lady tenant, he asked her if she had filed for bankruptcy and she said yes and that they had already been discharged. My attorney did not ask if my claim was included as a creditor and neither she nor her attorney volunteered the information. At the conclusion of the session, her attorney walked up to me and my attorney and flashed a sheet of paper that showed my name as a creditor. We told him that we had not been notified. At that point I noticed that my mailing address listed on the creditors sheet was not accurate. When I called that to his attention, he said well, you were included. Nothing else was said.

A few weeks later my attorney received a letter from the lady's bankruptcy attorney demanding $10,000 saying we had violated her non-contact status by a creditor and would sue me for a greater amount if we did not pay. I refused to pay but my attorney got the bankruptcy attorney to lower the demand to $3,000 and he personally paid the blackmail request. We were obviously set up and shook down.

As a part of the agreement, my attorney released the couple from our law suit for damages to our building and past due rent ($51,000).

The funding partner is the only one left in our law suit.
Another attorney said that my attorney made a mistake by releasing the couple from the suit even though they were in bankruptcy. He said that SC law will prevent us from pursuing the remaining partner who has resources to pay the claim. He said that if we release one partner we cannot go after the other partner for the claim.

Is this attorney correct. If so, where can I find that in the SC Code of Laws or Regulations.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The SC Courts have stated:

At common law, a valid release of one joint tort-feasor was usually a release of all the joint wrongdoers and was a bar to a suit against any of them for the same wrong. At the base of this rule was the theory that there could be but one compensation for the joint wrong. If the injured party was paid by one of the wrongdoers for the injury he had suffered, each wrongdoer being responsible for the whole damage, his cause of action was satisfied in exchange for a release, and he could not proceed against the others. Thus a release of one joint wrongdoer released all. But when the consideration received for the release was not full compensation for the injury, the purpose for the harsh rule did not exist. See: Ackerman v. Travelers Indem. Co., 318 S.C. 137, 456 S.E.2d 408 (S.C. App., 1995).

Thus, if you released the one because of bankruptcy, with less than full payment being received, you can continue to sue the other partner.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92498
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 6 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
4986 Satisfied Customers
All corporate law, including non-profits and charitable fraternal organizations.