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Recent Collateral questions
I need help understanding "Res Judicata/Collateral
I need help understanding "Res Judicata/Collateral Estoppel".I am involved in a civil case in which I am being sued for breach of a franchise contract. The plaintiff has thus far only demanded a monetary judgement of $220K. But, has made it know to me that they intend and expect to take possession of my business.In a previous case, in which a very large numbers of franchisee's withdrew from the company, as I have, only a monetary judgement was passed. Would the Res Judicata/Collateral Estoppel prevent something like a cease and desist from being issued?
You have helped several times already regarding the sell of
Good morning,You have helped several times already regarding the sell of our business and we thank you. Now we find ourselves with more questions that we hope you can help with.We want to take immediate possession back of the center due to what we believe is default under our Security Agreement with Debtor. Here is the letter we have drawn up but is this legal? Besides what is specifically written below, we deem itself insecure for the following reasons. Debtor has not shown any interest in the property and has not been onsite since closing a month ago. She has assigned this business to her spouse to take care of all obligations. We have recently learned he has over $200,000 in judgements from several things including Fedral tax liens (multiple) and business and lease related. We do not have full information on the debtor herself but know she also has several past judgements. This being the case, along with the information below is why we deem insecure. We would like to change locks immediately and take possession immediately because we are now concerned that his access of taking all payments and not using them to pay obligations, will cause immediate harm to the business and our interest in the Collateral. We are concerned that employees will also not be paid as the debtor or her assigned person has already messed up the last payroll that I had to fix and does not know (or is willing to learn) how to do it correctly. He comes only to pick up checks and does not always meet the dead lines of providing the business with it's immediate needs for the children in care to be properly cared for (necessary supplies) so we have some immediate concerns. Again, we are in MN. Thanks"This is to notify you that you are now in default of your obligations under the above written contract as a result of13.(a) Non-payment, when due, of any amount payable on any liabilities or failure to observe or perform any term hereof; Your failure to make the lease payment due July 1st, 2016 Your failure to make payment, transfer and secure a required license (Institutional Kitchen License), due on June 13, 2016; after given several verbal opportunities and assistance to cure.(b) if any covenant, warranty or representation shall prove to be untrue in any material respect;Your failure to secure proper insurance protection, failure to have it delivered and held by Secured Party, Failure to include loss payable clause in favor of the Secured Party and failure to include debtor and landlord as additional insured(i) if Secured Party deems itself insecure for any reason. Secured Party deems itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the value of its collateral is materially impaired. You haveImmediate: In the event of default, Secured Party shall have the right, at it's option without demand or notice to declare all or any part of the obligations due and payable; and in addition, Secured Party may exercise, in addition to the rights and remedies granted hereby, all of the rights and remedies of a Secured Party under the Uniform Commercial Code or any other applicable law. "
Two clients were married and owned shares of several
Two clients were married and owned shares of several businesses. In the divorce, one client gave all the shares to the other. The divorce was closed via mediation and filed with the courts.Fast forward many months later and the client who was to sign over the shares refuses to do so. Is the filed mediation papers enough for the client who is to receive the shares to prove she now owns the shares?What does she need to do to move forward?Her attorney has contacted his attorney, but his attorney keeps stalling saying he is out of contact with his client.
How do I collect on my UCC lien in NJ? I filed a claim in
How do I collect on my UCC lien in NJ? I filed a claim in February and I want to collect equipment in a restaurant that has not been paid. What are my next steps? How do I get in the store. Also, I am afraid the landlord may try to keep equipment. Please advise.
I have an LLC in Ohio with two other people. Two owners have
I have an LLC in Ohio with two other people. Two owners have 37.5% ownership and one has 25% ownership. The two with 37.5% want to create another LLC and sell it to the new one without the third owner. If they have the business appraised and pay fair market value, is this legal to do? What would the issues be?
On a recent holiday in Majorca we signed a contract to invest
On a recent holiday in Majorca we signed a contract to invest in the Global Group Hotels Holiday program on 27/4/16 paying a deposit of 3995 euros. On return home we could not raise the funds to complete which we had intended to do using a property as collateral. on 3/5/16, I sent a recorded delivery letter to their HO in Barcelona cancelling the contract within what I was given to believe was the 14 day cooling off period asking them to refund the deposit. Spanish postal services were unable to deliver the letter. Despite repeated email contact with GCH they have so far ignored all contact. Any advice appreciated.JA: OK. The Corporate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Corporate Lawyer can help you best. Is there anything else the Corporate Lawyer should be aware of?Customer: The first instalment of the balance (21250 euros) was due today, 11/5/16, with a second and final instalment (74948 euros) due on 27/6/16. I cannot and will not be making either of these payments. The contract states that after 14 days it will be impossible to cancel thecontract or recover any monies paid. The company is registered in Andorra. My cancellation letter was sent to their registered address for communications in Barcelona.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
I run a chiropractor's office in California and amView more business law questions
Hi, I run a chiropractor's office in California and am trying to file a ucc lien for a patient who was treated by our office but has not yet paid. Could you tell me what I need to write under the collateral section of the lien to make it strong and valid?