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Recent Merger questions

Ray The bogus creditor's counsel filed their motion to

RayThe bogus creditor's counsel filed their motion to substitute plaintiff due to bogus merger without leave of court and nine years after they filed their complaint in trial court and during the automatic stay (Chapter 13). If they amend their complaint over objections doesn't this supersede their original complaint making their partial summary and summary judgment voidable? The Bankruptcy Court dismissed Chapter 13 for filing document deficiency and later order on motion for relief from dismissal order was granted. Can a creditor proceed to file pleadings in trial court if the bankruptcy is dismissed and a week later motion for relief from dismissal order is granted? The case wasn't closed for more than three months after multiple pleadings were filed in trial court.

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Ray

Lawyer

Doctoral Degree

35,164 satisfied customers
There, I am in the process of a very, very ugly divorce.

Hi there,I am in the process of a very, very ugly divorce. I am a former CPA that supported her husband for 13 years, and had to retire b/c of a relapse of Cystic Fibrosis at which time he became extremely abusive.While I was sick, he stole my largest client, a $100M government contractor. He became CFO. He has now been there for 9 years. He told me his salary was 75K for 6 years, he was actually making $450K, bonus plus equity. He was hiding assets. During his tenure, he became involved with a woman that owns a small business. His largest contract with US AIDE came up for renewal, they needed a small business to meet SBA requirements. He formed a partnership with his girlfriend's firm, did her books, negotiated her contracts, gave her 40% of the contract or $40M in business, in exchange he took stock in her company. He is VERY smart, he kept all numbers "below the radar", I became suspicious b/c he sleeps with his phone under his pillow, tackles me if I try to look at it, hides his computer. One day I looked in his closet, found his computer and all the documents between the company he works for and Jenny. He is extremely techncially savvy, he codes his emails, however, an IT forensic person quickly decoded messages and verified what Ii knew.My question, I live on social security (2k), he said if I try to divorce him or tell anyone, he will deem me insane, have me committed and take my children. Do I have grounds to sue the company as a result of forming a partnership with a company that was formed b/c he was sleeping with the owner?Is it illegal (I know it is immoral) but is it illegal to spend 65% of working hours with his girlfriend, (hotels, restaurants), however b/c they have a partnership they are charging their time as work related.....I can prove otherwise b/c of emails.

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Olivia Kent

Managing Partner

Law

1,730 satisfied customers
I have an Illinois Agriculture law question My ex-landlord

I have an Illinois Agriculture law questionMy ex-landlord (contract ended the end of February) wants me to pay to have his corn moved because I always did over the years. We had a 50/50 crop share agreement. I told him that I did that as a benefit for him. There was never any words exchanged to have a verbal agreement, I just did it.I don't think I should have to pay to move his share, he thinks I should have to pay to move the corn.What is the law?Who is responsible?

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Maverick

Doctoral Degree

6,358 satisfied customers
We intended to add a partner but never completed updated the

We intended to add a partner but never completed updated the OA. Now there are disagreements about ownership and participation. Is this person considered an owner ?

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Loren

Juris Doctor

36,276 satisfied customers
I've been offered stock option at my company Applicon.

I've been offered stock option at my company Applicon. Nyherji is the mother company of Applicon. Can you make send of the plan to know if this is a good option for me. Specifically I want to know if the money I would pay would have more value immediately after my purchase of stocks for example in the second time I would have the option to buy. Can I almost guarantee that I would have profit if I sell my stocks immediately and I would know that the stocks price had rised at that time.This is the full text:Stock Option PlanThe board of Nýherji hf., reg. no.(###) ###-#### *****úni 37, Reykjavík, makes the following Stock Option Plan for the employees of the company and its subsidiaries on the purchase of shares.1. gr. ObjectiveThis Stock Option plan‘s objective is to integrate the interests of the employees within the company group, with the long-term objectives of the company.With the agreements made on the basis of this stock option plan the employees of the group are given an option to purchase annually, over the next three years, stocks in the company at a predefined price.2. gr. Parties of the stock option planThe stock option for shares in Nýherji hf. according to this plan is applicable to all permanently hired employees of the company and its subsidiaries.The stock option plan does not apply to others. Permanently hired employees of Nýherji and its subsidiaries are those who have with permanent contract of employment with the companies (Nýherji and its subsidiaries) and have committed themselves to work for them and receive wages in return.Employees who are hired permanently after the making of this stock option plan have the right to get stock options. Such benefits will start from next exercise day, after the permanent employment began and be in place until this stock option plan ends or if the employment ends, but article 4 applies in such case.This stock option plan does apply to contractors working for the companies or part-time employees.The stock option plan will be introduced to potential beneficiaries at a special meeting. Following the introduction each beneficiary will be summoned for an interview and subsequently offered a stock option agreement.A stock option agreement will be made with each beneficiary, in two identical copies, for each of the parties.3. gr. Rights and obligationsShares bought on the basis of this stock option plan include all the same rights and obligations as other shares in the company.The stock option agreements, based on this plan, will have a clause stating that at least twelve months shall pass from the effective contract date as it is defined in article 5 until the stock option will be exercised for the first time.The stock option agreement, based on this plan, will have a clause stating that the beneficiary is obliged to hold his stocks for at least two years, in order for the beneficiary to be able to utilize tax exemptions that are included in this plan, cf. article 10. of act. 90/2003.The stock option agreements, based on this plan, will have a clause stating that the stock option is not transferable.4. gr. Vesting stock option rightsEach beneficiary will vest his stock options in three stages over the period of three years from the commencement of the stock option agreement on the basis of this plan.....

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,664 satisfied customers
My husband and I was in the middle of the Wachavia and wells

My husband and I was in the middle of the Wachavia and wells fargo banks merge.I paid Wachavia Bank for my Credit Card but before WellsFargo took over Wachaviaput me in corrections

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LegalKnowledge

Juris Doctor

29,728 satisfied customers
Bought stock grandsons (minors) a few years ago. I received

Hi bought stock for my grandsons (minors) a few years ago. I received a letter/form today that says I must complete if I want to "tender my shares". I don't know what that means. Can you please explain?

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ScottyMacEsq

Doctoral Degree

22,520 satisfied customers
This is the second time I am contacting this service issue.

This is the second time I am contacting this service for this issue. So I got an answer to the question but not enough to solve the problem. So I am looking for another answer. We are a small non profit organization We are looking to associate ourselveswith another non profit (much larger than us). I have read the article about mergers, federations and consolidations. However, the only thing the other organization is looking to do is merge. So my question is: We are still looking to "merge" with anothernon-profit. They contacted their lawyer and sent me this response. The North Carolina Nonprofit Corporation Act provides that when a non-profit merger takes place, the merging corporation merges into the surviving corporation and the separate existence ofeach merging corporation except the surviving corporation ceases. I read through the article that was sent to me and I understand the different types of "alliances". However, they are telling me it can't be done. I understand under the term merger - that isnot how it works. But is there any way we can at least keep our EIN and file a 990 as $0 - each year just to maintain status. I am scared that this venture will not work out and then our non profit loses everything If we do merge and give up our 501c3 - willan affiliation agreement hold any value if signed by both parties prior to the merger, since one of the parties (being my foundation) no longer exists. thank you Thank you

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Gerald, Esq

Juris Doctor

5,136 satisfied customers
Good Morning! I sent Ocwen Loan Servicing a mortgage payment

Good Morning! I sent Ocwen Loan Servicing a mortgage payment on June 4th, they received it on June 8th and as of todays date the check has not been cashed - which means they have assessed a late charge, and ordered a property inspection and appraisal report(again). The have taken all website access away to view my account and what they think is owing, and the person I leave messages with does not return calls. Is it appropriate for me to contact defense attorney's paralegal to let them know?

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Ray

Lawyer

Doctoral Degree

35,164 satisfied customers
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