4 Scenarios that I need an answer for regarding lawsuit
4 Scenarios that I need an answer for regarding lawsuit judgements won in NY State Supreme Court.1st Scenario--judgement won (and entered) post dissolution date (by proclamation) against an "inactive" NY State corporation....service though ordered from judgement creditor and used by judgement debtor before dissolution (by proclamation) date while an "active" corporation....how (if at all) can the judgment be moved (and applied) from the dissolved corporate entity to the 100% shareholder owner personally as on judgement date there was no active corporation to apply a judgment to, only a personal DBA entity existed at judgement date not an active corporate entity.Inotherwords does an "inactive" NY State corporation have a right to "close out its business affairs" even while inactive and not have the risk of having the judgement moved to insider / officer shareholders because of the technicality of the corporation not existing on judgement date under a scenario where shareholder insiders were paid out in full (but for fair value--no fraudulent conveyance proveable) before creditors... or do the courts demand an effort by the corporate entity to stay active in order to "stay" the debt from being applied personally, and thus once inactive the corporate veil disappears for judgement debtors as it is not good "public policy" to let debtors drop their corporate registration and tax filing obligations and still maintain the protection of the corporate entity in order to avoid debts and judgments being applied personally post dissolution against the DBA.2nd scenario--An "active" NY State corporation pays all outside creditors properly for services rendered but officers and corporate insiders (who are also shareholders) remove all other assets in the form of salaries and fee payments leaving a single judgement creditor (me) unpaid...is there a legitimate legal process available to me where the court can order all distributed corporate funds clawed back into the active corporate entity in favor of a new "pro rata" distribution which would include the judgement creditor entity (myself) being paid pro rata along with other creditors leaving the "insider shareholders" to receive what is left after the non insider creditors are paid in full?....the assumption I am making is that the "insider shareholders" did provide genuine full "value" in return for their salary and fee reimbursements so there exists no "fraudulent conveyance" per se except in this case equity holders were paid out before all arms length creditors leaving the creditors unpaid.Scenario 3--same as scenario 2 except the funds removed by the insider shareholders were removed for less than the "fair value" of the services rendered.Scenario 4--same as scenario 1 except use of services by the judgement debtor occurred after (not before) being "dissolved by proclamation".
I am in the process of opening a business and I have a
I am in the process of opening a business and I have a question about the naming of it. The name I chose is Bayou City Daiquiris and I thought I did my necessary research on it before I purchased a DBA as sole proprietorship. After conducting a few more searches on the business, I know see that a LLC was formed on 3/16/2016 as Bayou City Daiquiris LLC, but they did not trademark the name or get a DBA for it. They have actually done nothing else with establishing the business. I wanted to know if I trademark the name will I still be in harms way in the future if they decided they want to use that name for a future business? Can I form an LLC under a different name and just list that DBA as a business under it. I really need to know what to do before I go to and apply for a liquor license this week. I need to know if a trademark will have more authority than a business name that has LLC in the title.
I need some clarification again, please in regards to
Hi Again,I need some clarification again, please in regards ***** ***** name filing for an LLC. I read via the SCC site that if a name is ***** ***** name of the owner it doesn't need to be filed. In my case it is my First and Middle name. If it makes a difference, my LLC filing or documents do include my middle initial or middle name on it. In this instance is a it necessary to register a fictitious name with the state?I did already file a certificate with the county just to cover myself.
I'm having a hard time registering a Trade Name in Oklahoma.
I'm having a hard time registering a Trade Name in Oklahoma. The trade name we want to use is "Muskogee Tree" but apparently the state of Oklahoma considers it a conflict with the name "Trees Inc" because the state is ignoring the geographical location at the beginning of our DBA name. My question is - if I registered "Muskogee Tree Trimming and Removals" as the official DBA name, put that on our trucks and shirts, but also used "Muskogee Tree" for short on some items, or in conversation with customers - or perhaps had the customers make checks out to "Muskogee Tree" (so long as my bank would accept them) would I be breaking any laws or on shaky legal ground with the state?
This question deals specifically with California Law and I
This question deals specifically with California Law and I prefer fo have a California attorney answer this question. Thank you.I am leasing a building to a tenant that is a California Corporation (Corp1, started 2014). For this question I will call this corporation ABC MNO XYZ, Inc.Turns out, this tenant has another California Corporation (Corp 2, started 2012) has a different name completely.Corp 2 registered a DBA with the county recorder in 2012. Published this DBA. The DBA is "ABC MNO XYZ." Same as/identical to Corp 1 except for the "Inc.".After the lease was signed by ABC MNO XYZ, Inc. (Corp 1), we discovered that he has been signing building permits, business records, city filings, etc. as "ABC MNO XYZ" ...No "Inc."Further, with some research, we discover in the California Business Corp name search that Corp 2 is suspended.Also, his our tenant the president of Corp 1 was/is also the President of Corp 2Could someone help me understand what "shell/sham" game is being played? This fellows father is a real-estate lawyer.Can someone point me to some California codes/laws to help me learn about this? Something doesn't sit right.Thanks