The LLC can be foreign in which case you will need to domesticate it in order to do business in New York. In either case, a new LLC with no assets or track record will probably need a guarantor with assets when signing the restaurant lease. In any case, I strongly suggest you sit down with a business lawyer (and your accountant) to review the proposed lease and understand tenant's legal and financial obligations. You will also need to properly set up, operate and maintain the LLC in order to...
Preponderance of the evidence is the standard burden of proof for a plaintiff in a property damage case. In practice, this means plaintiff needs to just tip the scale in her favor, not eliminate all reasonable doubt as required in a criminal case.In percentage terms, this burden of proof is equivalent to showing more than 50 percent in plaintiff's favor.
If your objective is to obtain discoverable case information and documents rather than simply punish defendant , then you should get all of your discovery requests including interrogatories out there. If necessary, the court at a preliminary conference can later deal with any unresolved discovery disputes down the road.
Confer with your boyfriend's defense attorney regarding sentencing guidelines, the facts and circumstances of his case, and communications to the court. Otherwise, your statement to the court--while well-meaning--may not be considered.
Hire an experienced business lawyer with securities law expertise to review your proposed plan as well as the company's existing documents. Speak to the company's accountant as well. You should not do this on your own even with the best of intentions.
Hire an experienced creditor's rights attorney to review the petition and schedules as filed by the individual. You may have a basis to object to the chapter 13 plan on feasibility or other grounds. You may also have a basis to lift the stay and pursue the business.
Return the car as is. The deficiency claim owed to the secured lender will be part of your total unsecured debt for which you will later seek a chapter 7 discharge when you file for bankruptcy relief. Consult with a NY consumer bankruptcy lawyer about your total assets, liabilities, household income and cash flow.
Good advice provided by my colleague. Speak to an experienced L/T attorney and have him or her handle the traverse hearing. S/he should have you out of the courtroom and see if the process server can identify you from a photo or the affidavit of service description. The right questions can show that the process sever is unfamiliar with your premises or deliver legal papers to you. Your attorney can then call you to testify about the facts as you describe them here. The burden is on landlord...
The simple answer is probably no, the bank will likely require a subpoena unless the Superintendent of Banking becomes involved and orders turnover of information without it. If a subpoena is required, you will need to commence a lawsuit in New York Supreme Court, Suffolk County, and request the issuance of a subpoena showing authorized and even unauthorized internal account access.