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Jay Daniel Brownstein

Jay Brownstein’s Answers

41 total


  • I own 51% of an s-corp. I want to dissolve it and exit the partnership. Can my business partner go after my personal assets?

    I have one partner, who invested money. I have brought in more money in sales than she invested, but the company still has not shown much of a profit. I have taken a distribution, she has not. What are her options for trying to re-coup her money? ...

    Jay’s Answer

    I agree with the post below. You should consult with a qualified business dispute attorney who can review your documents, advise you of your legal rights, and discuss your options in this scenario. Hopefully, there are documents in place that provide a buy-out mechanism and formula. If not, things will become more complicated. Either way, there is tremendous value in seeking experienced legal advice. Usually, most of your questions can be answered in a 1 hour consultation which can be in person or by telephone/email. It is fine to seek free advice on a forum like this for a complex situation. However, you will receive exactly what you pay for. Good luck.

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  • I am a real estate investor and I need to know if there is a document that can protect me so I will get paid on all deals

    I am doing deals and everyone I have done deals with either tell me the deal has not gone through or it has and I am not being paid on my end.

    Jay’s Answer

    I agree with the prior posts. There is not enough information in your post to ascertain the nature of these "deals," what you are owed, etc. All "deals" should be in writing. You should consult with a qualified business attorney who can help you identify legal issues and explain to you what documentation is necessary to fully protect your interests.

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  • What is the statue of limitations for contribution?

    If I want to sue my business partner for contribution on a loss what is the statute of limitation for contribution (or indemnity I think it is called)? The investment was of an office building.

    Jay’s Answer

    If this is an important matter to you, meaning that it involves a significant amount of money, you should discuss this with a qualified business litigation attorney in your area. Your question involves many potential issues that should be fleshed out with legal counsel. For example, is there a written agreement for indemnity or contribution? What are the circumstances of the investment? Were you an active investor who made decisions and participated in the management of the building? Or did you simply put in money, and relied on your partner to manage the investment? If so, you may have tort claims such as negligence or breach of fiduciary duty (if you partner engaged in self-dealing or other intentional misconduct). You really need to consult with an attorney to know what your options are.

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  • My child was sexually assaulted at school. Jan 24,2014. What can i do seem like I'm not getting the help that I need!!

    The school notified of me the incident that occurred on school grounds involving my daughter. The principal at the school called me and told me that my child was sexually assaulted and she was writing a statement and then she was going to talk to ...

    Jay’s Answer

    I agree with the prior posts, you should promptly consult with a Georgia attorney experienced in personal injury and school liability. Such an attorney can help with your immediate concern of having the attacker removed from the school, by putting pressure on the school district to do so. In addition, the attorney can help protect your daughter's educational rights. Also, a qualified attorney with experience in school liability cases can analyze and investigate the case to determine if your daughter has one or more legal claims against the school district for failing to adequately protect her from a sexual assault. There are very complex issues regarding liability and school immunity that must be thoroughly and timely investigated and researched. You can search for a personal injury attorney in your area using the AVVO tool. Attorneys responding to questions on AVVO are prohibited from offering their own services or suggesting that you contact them on a particular case. I wish you the best of luck.

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  • My father was part of a class action asbestoses law suit. He passed in 2005. Do I need an estate account?

    My father died in 2005.I am the administratrix of his estate. My father was part of a class action asbestoses law suit where as I still receive checks from the different companies involved in the law suit . I have cashed the checks before at my ba...

    Jay’s Answer

    The facts of your post suggest that you may not have taken appropriate steps concerning the probate of your dad's estate, including seeking an order closing the same. Whether you will be required to pay estate taxes depends on the total value of your father's estate at the time of his death. The valuation of future payments could be somewhat complicated. You should consult with a qualified probate or estate attorney very soon. You can find one in your area by searching on AVVO, or by doing a general internet search for "probate attorney Dublin" or next closest metropolitan area. Good luck.

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  • If the Court grants leave to amend complaint, can the complaint be changed as needed as long as specifics by judge are met?

    In Federal Court, for instance: Can the defendants or their description, especially those that have not been served within 120 days before, be changed? Also. can different arguments and exhibits be used?

    Jay’s Answer

    You should immediately consult with a litigation attorney who is familiar with federal court rules and procedures. You should NOT attempt to represent yourself, especially in federal court. If your case is at all important to you, you must get an attorney or you will lose. You can find a litigation attorney by searching in your area on AVVO, or by doing a general internet search for "litigation attorney Atlanta federal court." Good luck.

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  • How will judgement affect my new S- Corporation and its equipment. I am Sole Owner of S-Corp

    A judgement was filed against me recently from a previous LLC (we will call it company x for now) that I owned several years ago in Florida and is now dissolved. I was personally responsible for a bond that corporation X took out and when it w...

    Jay’s Answer

    Your questions are not simple and go beyond the scope of an online inquiry. You need to promptly consult with a qualified business litigation attorney who can properly advise you about the multiple legal issues you are facing. You can use the attorney search feature in AVVO and review attorney profiles, or you can search for a business litigation attorney through other online means. Good luck to you.

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  • Slipped&Fell-Cement Walk SCHOOL Property.A/C Water Drain DIRECTED Water ACROSS walk Mud&Pollen Settled Causing Slippery Mess!

    Gwinnett County Ambulance transport to hospital. Given morphine for pain. Hospital tests showed crushed wrist bone, required painful surgery & insertion of titanium plate. Month in cast & mo's of painful rehab. Head injury as well, head slammed on...

    Jay’s Answer

    You should immediately consult with a qualified personal injury attorney who can evaluate and act upon your case. The consultation is free, and in many cases can be done by telephone (we do).

    Several things about your post concern me. First and foremost is the statute of limitations, which you indicate runs at the end of March. From your statement, I presume you are aware that the general statute of limitations for personal injury claims in Georgia is 2 years, which means that your injury occurred in March 2012. However, if the school district or other governmental entity (for example, county) is in fact responsible for the sidewalk and drain that caused the hazardous condition resulting in your fall, then you may have already missed an important deadline for providing notice of your claim. Such a notice, also known as an ante litem notice, usually has a shorter time period than the applicable statute of limitations (typically 1 year or as short as 6 months depending on the governmental entity involved). If an ante litem notice was required in your situation but missed, then your claim may already be lost. There are also potential school district immunity issues that must be investigated before determining whether you can proceed with a claim.

    The best thing you can do right now is to consult with a personal injury attorney with experience handling claims against school districts. Any further delay on your part would practically ensure that you will lose what sounds like a serious and substantial legal claim. Attorneys responding to questions on AVVO are not allowed to directly solicit clients or actively request consultations with prospective clients. However, I urge you to review the AVVO profiles, reviews and website information for any Georgia attorneys who respond to your posting before you seek a consultation to ensure that the attorney you choose has the appropriate experience and expertise, favorable client and attorney reviews, and proven record of success.

    Good luck, and speak with an attorney very soon!

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  • Can I reopen or restart a business after partnership ends or one wants to close the business.

    My partner wants to close business because they feel I didn't manage it well. The business was was my idea, my business name, all my work. They feel like I mismanaged and asked to close the business, but wants to keep control the corporation so th...

    Jay’s Answer

    You should promptly seek competent legal advice from a Georgia business attorney who is well-versed in business breakup issues such as this, and who understands how these issues can play out in court. Because you don't have a written partnership agreement, many of these issues can be tricky. As there are business debts that you may be held personally liable for, paying for qualified legal advice would be a wise investment at this point. Good luck.

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  • Can I file a lawsuit against biomet I had a knee replacement in 2012 and still have a problem with it

    I had a manipulation and a knee scope and my next step is a revision can't bend the knee or flex the knee straight and in so much pain and have to walk with a cane I'm only 46 I was 45 when I had the surgery it's getting worse every day I can't fu...

    Jay’s Answer

    The answer to your question is...it depends. First, it needs to be determined exactly what type of Biomet device was used, whether there is a history of problems with the device, or any recalls. Even if there are known issues with the device, whether you have a potential defective product claim will depend on numerous factors including known complications, co-morbidities and contributing causes to the failure. The failure could also be the result of surgical complications or potential negligence by the surgeon. Your medical records would need to be reviewed by a qualified medical expert to determine if the surgeon has any potential liability. Or, the failure may not be the result of negligence or a defective product, but rather just a failed surgical procedure. You did not state when in 2012 the surgery was performed, but you should immediately consult with a qualified Georgia medical malpractice/personal injury attorney to determine whether you might have any claims and to take appropriate action to preserve your legal rights. I wish you good luck.

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