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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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how to reopen my business after a preliminary injuction to

Resolved Question:

how to reopen my business after a preliminary injuction to close it
Submitted: 9 months ago.
Category: Legal
Expert:  Zachary replied 9 months ago.
Hi,

My name is XXXXX XXXXX I will assist you with your legal question.

What does the preliminary injunction say exactly?
Customer: replied 9 months ago.

I went to court today, never got served a court date,the plaintiff,sent in in my e-mail.plus I never sent back the served paper they gave me thirty days to answer,which was the 27th of this month,still went to court without representation to ask for representation.got screwed, preliminary injuction approved,for taxes on the town of mt Vernon.that I already had arrangement with


 

Expert:  Zachary replied 9 months ago.
Thank you for your response.

Unfortunately, I do not have good news for you. A temporary injunction is very difficult to lift once it has been granted. Generally, the injunction will stay in place until the trial. Unless you win the trial, it generally cannot be lifted.

When the lawsuit is over a tax lien for doing business, then the only way to get the injunction lifted is to pay the tax.

That being said, you can file a motion with the court to lift the injunction based on hardship and instead paying a bond into the court's registry that will secure the potential judgment until the trial. However, again, it would be a rare case for the court to grant such a motion.

The fact that your attorneys have no answer for you reinforces the fact that there simply is not likely a solution to the temporary injunction other than beating the case that has been filed against you.

However, another answer may be for you to file bankruptcy. Bankruptcy halts all civil litigation against you, and the federal bankruptcy court could order that the injunction be lifted and allow you to reopen your business in order to pay your debts.
Customer: replied 9 months ago.


what happened after I file bankruptcy, how long will it take to open my business

Expert:  Zachary replied 9 months ago.
There's no date which I can give you exactly. You would have to ask the bankruptcy court to lift the injunction to allow you to reopen your business. The court can either grant it or not.

Bankruptcy is not a save all, but it might give you a chance in this situation.

Why does the court want you to stop doing business? What is the court's reasoning behind the injunction?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 14 other Legal Specialists are ready to help you
Customer: replied 9 months ago.


I haven't a clue,but there are late taxes with the town of mt Vernon,but I had already set up payment arrangement with the tax company..they didn't honor it, what would you suggest


 


 

Expert:  Zachary replied 9 months ago.
Well, this doesn't give me very much information or much to go on and you don't seem to be in a good position to negotiate. However, you do have the fact that the only way you can pay is to run your business, which is what your message should be to them.

The best thing for you in my opinion would be to try to negotiate with them to work out a payment plan and allow you to reopen your business. You would want to negotiate with them directly and you will need to be willing to make a payment higher than what the tax company was suggesting in order to get them to agree.

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