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My Company is being sued since september 2007 because of a breach of contract. A Deposition was taken on myself about two months ago. My legal counsel sent/receive the discovery questions to the other party. Due to the Economic Recession my business is slow. My legal counsel next step is to obtain depositions from the other party "plaintiff" out of the country. Unfortunately, i don't have the monetary resources to pay my counsel to travel and spend a lot of hours doing depositions. My legal counsel advised to me that if i can not commit with money they will be dropping my case this coming monday August 31st. in order for me to seek new legal counsel. I need some advise on what can i do at this time? Would bankruptcy be the right decision? On October 13th i have a "Plaintiff's Motion for Partial Summary Judgment on Liability". Please advise. Warm Regards XXXXX XXXXX bless you My email is: XXX@XXXXXX.XXX Name: Juan Gordillo
State/Country relating to Question: Florida Already Tried: How can i resolve my case as soon as possible? Bankruptcy will be the right way to go? My business is Incorporated in the State of Florida. Please contact me via email: XXXXX@XXXXXX.XXX Juan Gordillo
If you are in breach of the contract, consider negotiating a settlement. If your current counsel is threatening to withdraw, consider retaining new counsel. Bankruptcy should be an option of last resort
I would like to negotiate, however because my business is slow i won't have the resources to pay for it. On October 13th i have to attend Court for "Plaintiff's Motion for Partial Summary Judgment on Liability".
Please advise.
Warm regards,
Juan Gordillo
jgordillo igs.biz
You could offer a long payment plan. You could alternatively if you intend on closing out the business and you are not sued personally, dissolve it or file bankruptcy as to the business.
The lawsuit is against my business, if i decide to file for bankruptcy can damages be eliminated? Will lawsuit be closed ? please let me know if this route will be the fastest way and cost effective.
If you are not able to settle and are prepared to close the business, that would be a quick route putting an end to the case
Should i attend court on October 13th?
Is this the right time to file for Bankruptcy before the court date on October 13th?
Any final recommendations or advise from your end?
warm regards
You can file in advance and then have your lawyer notify on that court date. You should revisit if you can settle without filing and salvage the business.
Should i continue with the same lawyer or seek new council.
No reason not to use the same lawyer unless he chooses not to do it or does not handle bankruptcy practice. Kindly accept my answer.
Attorney
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