I had a TRO/Preliminary Injunction imposed on me, the judge
I had a TRO/Preliminary Injunction imposed on me, the judge ordered the Plaintiff to post a bond. How do I confirm that the bond was posted? If the law firm failed to post the bond what is my recourse? And, now that the case was dismissed and the Preliminary Injunction thrown out how do I recoup my damages
Counselor at Law
It appears I may be loosing a civil case. I am self
It appears I may be loosing a civil case. I am self employed. Basically my corporation, S-Corp, pays me a salary. There are funds kept within the S-Corp for expenses and such. The civil suit was filed against me. Apparently I was unaware of a car I sold, which I purchased from a friend and then sold, had issues. Those issues got the driver hurt. Not badly, but it swelled her arm up pretty bad. (The steering column had been worked on, not by me, my friend, and he did a lousy job. The steering wheel locked and when she wrenched it free she hurt her arm. She is seeking about $10K. The car was sold for $8K) I legally owned and had the car registered in my name when it was sold. I told her the truth when she bought it that it was previously owned and I was not sure about the total condition of the car. Of course that is not what she said in court and there were no witnesses to what I said. Also, I did not fill out any disclosure on the car whatsoever. I don't have the $10K. Is there anything I can do to prevent her from collecting, or at least delay it so I can catch up before I pay her? Seems like a loose loose for me and a win win for her.
In the state of PA. LLC was canceled by the state of DE for
In the state of PA. LLC was canceled by the state of DE for not paying franchise taxes in 2014. LLC has no assets or bank accounts. Never had any loans or credit cards. Never had any rentals or properties. It has only one debt which is a judgment in PA.I need an estimate on how much it would cost to file and how long that would take to do so.
I have been engaged in litigation with a public traded bank
I have been engaged in litigation with a public traded bank who fraudulently obtained a Preliminary Injunction over 6 years ago. The PI is solely used as a tool of extortion and punishment. ( to long to explain) it prevents me from selling or refinancing my office rental real estate asset. A seperate bank holding the mortgage that just matured refuses to refinance and will commence foreclosure soon. I have always serviced the loan accordigly and I have been making good faith interest payments while trying to get the PI lifted.I don't want go the bankruptcy route. I have requested an extension but the bank refused. Any suggestions?
I got a letter from STATE OF CALIFORNIA FRANCHISE TAX BOARD
I got a letter from STATE OF CALIFORNIAFRANCHISE TAX BOARDPO BOX 94284ASACRAMENTO CA 94240-OO4OThey are saying that 20 years ago I never paid some money. I was never franchised. I started too, but then backed out. So they send me this bill and say I owe for back penalties, interest for something I never got a bill for.This is the first bill I ever received and the bill was not even in my name. It was sent to my business manager who lives in Arizona. In her name. Not sure why or how this happened. But 20 years ago is hard to even remember. They have me down for 1995 96 and 97. I am not knowing what to do. They say I owe over 7000 dollars.
I want to avoid unlawful conveyance when selling a company
i want to avoid unlawful conveyance when selling a company name to a family member during a pending judgment being handed down on the current S-corp (ABC Corp) that will force us into bankruptcy. I'm looking to allow her newly formed company (XYZ Corp) to use a DBA with the name of ABC Corp that is going to be closing due to insolvency, and unable to pay the judgment against it from a single lawsuit stemming from a competing company. no other creditors would be involved as we dont owe anything. we may likely file BR since we wont be able to pay the judgment.The new XYZ company my wife will opened will be employing myself and the other employees from the closed business (ABC-Corp). No other assets are being transferred, the company really doesn't have any assets left other than the name, the phone number, and the website. I simply want to use the old company name registered as a DBA on the new company.So how do i go about determining if this is a legal transference, will not hurt me in BR court, and what is a fair price to pay? I was going to have her company buy the name from my company for 5000.00.the ABC company is being sued for 500,000 and will likely be handed down a judgment in the next 30-60 days to pay or turn over assets. the company did 300,000 in NET sales in the 11 months it was open. if this will help value the name?
Im going to have a judgment put against a S-cop that i own
im going to have a judgment put against a S-cop that i own 100% here in the state of TN, I have two employees, and have probably 5000-10,000 in cash assets and around 5000 in business inventor and equipment assets. The judgment will be for 500,000 in damages. Obviously this will cause us financial hardship and we wont be able to pay it. What is my best option to keep me from personally being liable:1) Close the business / file dissolution before i default on the judgment2) Default on the judgment and allow them to come seize the assets3) File for bankruptcyIf i choose option 1 or 2 can i continue to pay out my employee salaries until the time of seizure or dissoultion? Can i even pay them the differed salary that owed to them without it being an issue down the road for them or me?Can i pay myself the differed salary im owed as well during this time prior to the closing.I do know or at least its my understating that if i take option three (BR) the trustee can order the money paid to me in differed salary back and personally sue me for it, what about the employees i paid out? does that apply to them as well?I want to get everyone paid whats owed. We all have employment contracts with the company signed and written before we started this company, so its my understanding there is obligation here?We likely will not have the judgment come through for another 6 months, so my plan was to start making steady incremental payments to get the salaries owed caught up while still fighting the pending lawsuit that we are going to most definitely loose
Fifteen months after engaging my attorney, I finally got him
Fifteen months after engaging my attorney, I finally got him to send me the bill. I asked for it three months ago. The bill seems outrageous - $33K for a FCRA credit reporting errors dispute. I'm guessing that the settlements are totaling around $40K based on convos I had with him over the summer.Ok so I am reviewing some of the charges and I noticed that he has received a settlement agreement from one defendant in September, and had settlement discussions with another just recently as November. Although he has emailed me asking me to call him, I have asked him to send me updates via email on the case. He has not done that. I'm guessing since I won't call him then he is holding his ground and will not update me in the manner that I requested. I asked this before on this site, but I only want to be updated via email. Am I putting myself in a bad position? I mean who wants to talk to someone who is squeezing you out of everything? Everyone is losing except the attorney. He is the one who is winning....
I have a pretty big mess i need some advice on. it concerns
I have a pretty big mess i need some advice on. it concerns S-corp being sued / judgement handed down in the next week or two. dissolution and bankruptcy seem to be my only options. so i have allot of questions concerning how my business has been operating and how a trustee will treat me. I need to pay out some back salary to employees, and i have some things like autos and credit cards that are not in the company name but the comany has been paying for and only used for company useJA: Because laws vary from place to place, can you tell me what state this is in?Customer: TNJA: Has anything been filed or reported?Customer: not yet im not sure what to do firstJA: Anything else you want the lawyer to know before I connect you?Customer: My situation:I own an S-corp with myself as sole owner 100% in business for 11 months.I pay myself salary of around 90,000 but I only currently collect 1900.00 a month plus a paid expense account for reimbursement of company expenses that I put on 2 personal credit cards used solely for the company expenditures. (Cards are in my name) My employees also use these same cards for company expenses. The cards get paid directly from the company accounts every two weeks or so to keep the balances low. Most of our expenses go on them.Also I have Leased a new auto 5 months ago, the lease is in my wife's name, but myself and my employees use it solely for business use, (she put it in her name because the company has no credit or buying power at that time) and the business pays for the lease on this car directly from the business account to the leasing company. Since the car is in my wife's name will a trustee in BR consider this as debt or make her payback what's been paid on the car? Same question on the credit cards we use that are in my name but used for company expenses?I employ 2 employees and pay them salary of 85,000 (employee 1 is my operations manager / OTR technician) and 55,000 to my AR/AP office manager. We have an employment contract that was put in place when I hired them, so this is documented. Some of the salary I pay them is differed until year end. Can I pay them out now and get them current before I dissolve or file for Bankruptcy? Will a BR trustee allow that so close to the filing?I'm currently about to have a judgment handed down for around a half million dollars to a competitor who has sued us and is about to win because we are going to withdraw from the lawsuit. This is because we cant afford to keep fighting and we will loose anyhow. Lost cause.The only assets our company owns is the name of the business, our website domain, and our client database, three laptops 350.00 each and a three desk phones 100 each, some tools of the trade $2000 and some inventory around 1500.00 value. Total assets I would say under 5000.00???We still have clients paying us, we have accounts that are 30-120 days out / past due. Approximately 60,000 owed to us currently.We currently have around 25,000 cash in bank now. Barring any payments or payroll or taxes getting paid.What do I need to do at this point to protect my “personal” assets and how can I collect my salary still owed to me? I know a bankruptcy trustee will look at any back pay being paid to me during the 12 months prior to BR, they can take it away and award it to the judgment is my understating. What is my best option here?Desperate, I'm loosing my business, my job, and no place to turn. It seems I can't touch the money in the business account as it would seem basically everything coming in through AR will go to the judgment or be awarded to them if I file for BR or not. Its my understating if I dissolve the company then the liability of the judgment gets shifted to me personally and any money paid to me in the last 12 months would be forfeited forcing me into personal bankruptcy? I own my home outright and I own my boat and two vehicles outright I also have two additional cars with bank notes. How do I protect this stuff? Is it to late?