Michael James Duffy’s Answers

Michael James Duffy

Philadelphia Business Attorney.

Contributor Level 13
  1. How can I know if filing bankruptcy is the best choice for me?

    Answered over 1 year ago.

    1. Michael James Duffy
    2. Paula Brown Sinclair
    3. Derek R. Caldwell
    4. David Aaron Wiesen
    5. Scott Benjamin Riddle
    6. ···
    12 lawyer answers

    That is a very fact-specific question. Your situation certainly may be appropriate for a bankruptcy discharge, but there are many questions I would have to ask before advising you one way or another. You would also have to qualify for the type of bankruptcy protection sought. Talking to an attorney and going over your situation is the way to go. Our firm offers a free consultation.

    25 lawyers agreed with this answer

  2. Does my girlfriend need to file for bankruptcy protection before we get married?

    Answered about 2 years ago.

    1. Michael James Duffy
    2. Peggy Margaret Raddatz
    3. Nikhil J Chawla
    4. Mitchell Paul Goldstein
    5. Dean L D'Mellow
    6. ···
    6 lawyer answers

    Hi there, First, I would ask why she does not want to file for bankruptcy. It sounds like her credit is destroyed, she has no income and massive debt. If thinks she can pay it down and would prefer to do so that's fine, but otherwise but otherwise that debt will probably never leave her. She will have creditors trying to collect for the foreseeable future. She would likely benefit greatly from discharging all of her debt and getting a fresh start through bankruptcy regardless, particularly...

    12 lawyers agreed with this answer

  3. What will happen if I ignore infringement of my Trademark?

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Kristin Scheel
    3. Molly Cristin Hansen
    3 lawyer answers

    Hi there, While you might have rights in your mark that are being impinged upon, trademark rights and infringement are complicated questions that generally require a subject review by an attorney to give anything close to a definitive answer in all but the most clear cut of cases. That said, you're on a budget so you're left with few options.. You can start by just sending your own demand letter to the potential infringer's legal department. State your mark, what rights you believe you...

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  4. Trying to remove name from a business

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Brian Coleman Kelly
    3. Christopher Edward Ezold
    3 lawyer answers

    Hi there, There are a few options, but it would mostly depend on the LLC operating agreement. A member can't just "leave", the ownership interest must be transferred or the company must be dissolved. There would be terms governing buyout by other members. If that failed, there would be terms governing mandated dissolution. You should have an attorney review your situation. Given that it appears an attorney was not involved in the formation of the company, your current situation is very...

    8 lawyers agreed with this answer

  5. Chapter 13

    Answered over 1 year ago.

    1. Michael James Duffy
    2. Robert N Braverman
    3. Hermin A. Dowe
    4. John P Fazzio III
    5. Robert H Johnson
    6. ···
    6 lawyer answers

    Keeping one's home is generally the purpose of filing a Chapter 13, as opposed to Chapter 7. IRS back taxes generally may be included in the payment plan, allowing you to pay any arrears over time. In some cases, depending on the type and age of the delinquency, the tax might be discharged in part or in its entirety as unsecured. Student loans are generally not dischargeable in bankruptcy, and must be paid outside of the plan. There are often more favorable repayment plans that you can...

    7 lawyers agreed with this answer

  6. Can a franchise be investigated for fraud?

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Nancy L. Lanard
    3. Kevin Brendan Murphy
    4. P Adam Davis
    4 lawyer answers

    Hi there, While fraud may be an issue, there is a very high burden of proof and it would be a matter for a criminal investigation by the appropriate authorities. It sounds like what you're looking for is more like relief from your contractual obligations under your franchise agreement, and that could be a possibility. Both the franchisor and franchisee have right and obligations under the agreement. If the franchisor is failing to meet their contractual obligations, it might be considered...

    7 lawyers agreed with this answer

  7. If i defaulted on a private student loan can they go after my co signer if i file for bankruptcy in nj

    Answered over 1 year ago.

    1. Michael James Duffy
    2. Bruce C Truesdale
    3. Walter C Oney Jr
    4. Steven R. Neuner
    5. Joseph Wrobel
    6. ···
    6 lawyer answers

    Generally, student loan obligations are not dischargeable in bankruptcy, absent undue hardship. This means that you will still be responsible for the loans through a bankruptcy. If you have a co-signer, the other individual may remain responsible as well. While student loans may not be dischargeable in most cases, they may be managed through a bankruptcy and by working with the lender. Chapter 7 may allow you to discharge other debts, freeing up enough income to cover your student loan...

    6 lawyers agreed with this answer

  8. If you are granted a chapter 7 bankruptcy and you surrendered your house in the bankruptcy can the local officials fine you for

    Answered over 1 year ago.

    1. Michael James Duffy
    2. Omar Mahmoud Badr
    3. Dorothy G Bunce
    3 lawyer answers

    If the title to the property is still in your name, you are still in possession of the property and responsible for its maintenance, absent an agreement to the contrary. A fine for the grass is a small problem - what if a child injured herself because of a hazard hidden in the tall grass, for example? The liability incurred with property ownership can be significant, so make sure you maintain the property, and maintain your insurance on the property as well. Contact your bankruptcy attorney...

    6 lawyers agreed with this answer

  9. What are trademark laws on logos?

    Answered over 2 years ago.

    1. Michael James Duffy
    2. James Juo
    3. Jason Daniel Stone
    4. J Charles Ferrari
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    Hi there, The website would probably be at greater risk of liability for selling a potentially infringing item than you would, though you could still certainly face liability. Any monetization of the mark would be putting yourself in the cross-hairs for legal action. If you were to change the work to avoid liability, it would have to be to such an extent that no reasonable individual would confuse your mark with that of the rights holder. Don't play that game.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. NJ, LLC with No Partnership / Operating Agreement. Reimbursed Partners all interest and haven't heard from them in months!

    Answered about 2 years ago.

    1. Michael James Duffy
    2. Matthew R Schutz
    3. Martin L Bearg
    4. Steven R. Neuner
    4 lawyer answers

    Hi there, It sounds like you want them completely out of the picture but you're unsure how to proceed. At first blush, at least prior to paying them you should have had them sign a release, transfer of ownership, as well as several other documents. A lawyer should have been involved at that point. Your situation would turn on a number of factors, particularly what you did when you organized the business and any agreements made since then. There are statutory terms that substitute when...

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