Kimberly Ann DeCarrera's Answers

I received the request for produce documents to third party from a attorney. I am not involoved in the lawsuit.

If you do not wish to divulge this information, my recommendation is to either a) contact the lawyer for the side that did not request the information or b) contact your own attorney. Depending on the facts of the case, you may be able to object to the request. There is a limited time in which you can do this, however. So do not delay. This message has not formed an attorney-client relationship and is not specific legal advice for your case. If you wish for me to handle your case, please...

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How does a bankruptcy affect a government security clearance?

No, the bankruptcy will not cause an automatic denial of a government security clearance. There are statutes and additional regulations that protect you as a debtor in bankruptcy and prohibit such discriminatory practices by the government. However, other factors may still cause your clearance to be denied. Make sure that you are completely truthful during the bankruptcy proceedings - any hint that you have used the bankruptcy court for improper purposes or have lied to the court will have...

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Two Member LLC, one member suspected of fraud/embezzlement

As a member of the LLC, you have the right to access the books and records of the LLC regardless of who is listed as the tax matters partner. As you have already asked for the records and have not gotten a response, you will probably need to seek the advice of an attorney. Georgia law permits a member of the LLC that has been refused access (you) to apply to superior court for an order granting access. In that proceeding, the court may also grant attorneys fees. In other words, you may be...

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In the state of Georgia, if divorcing parties sign a typed contract agreeing to pay credit card debt, is this a binding contract

It is probably a binding contract, assuming that both parties take on an affirmative obligation they did not already have to do or give up something of value. It may be wise to make it part of the divorce settlement/decree that is approved by the court. Talk with your divorce attorney about the specifics of how this is done. However, the contract would be binding between the parties that signed it. It would not be binding on the credit card company. The credit card company can go after...

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Can i ask for more money on a cash settlement from my employer...proir to signing all documents releasing the company ?

Right now, you are in the process of negotiating with your employer. You can ask for more. But you always run the risk of negotiations breaking down. What happens if you and your employer stop talking? As a rule of thumb, it is wise to always be reasonable in negotiations if your goal is to settle. Is the additional year of pay reasonable? Is there a likelihood that you will get it? What have others in your position been able to settle for? To give any kind of specific answer, we would...

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Where do I obtain or how do I write a Non-disclosure agreement (NDA)

While there are forms out there on the Internet that purport to be NDAs, I suggest that you visit with a local business attorney that has experience drafting non-disclosure agreements. This type of agreements have lots of pitfalls that can be detrimental to you in the long run if not handled properly. You need to know exactly what is and is not protected by the NDA that is prepared. Is it only documents? What about conversations? Emails? You also need to know how to make claims against the...

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My business partner changed the front door lock without letting me know about it..

Unfortunately, we are seeing disputes like this happen more often as the bad economy continues to drag on. As a partner in the business, you have legal rights to the business records, as well as the physical premises. You should start trying to communicate with your business partner to allow you access to the business, its records, and other important information. This should be done, where possible, in writing or recorded, in case it needs to be used in future legal proceedings. You should...

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What type of lawyer do I need and in which state a loan contract between myself and another party?

First, check the contract - often times the contracts will have a provision for which state the parties have to sue in upon breach. Second, if the contract does not say anything about venue, then you will most likely have to sue the borrower in the state in which he lives. As there may be two parties here - the friend and the company itself - you could sue where either one of them are. If the company does sufficient business here in Georgia, you may be able to sue them here. However, it is...

Do I need a estate lawyer?

It does not make sense that you are being sued for a house that you sold some years ago. Are you being sued in Georgia or in Florida? It is probably wise to contact an attorney in the state for which you are being sued, whether here in Georgia or in Florida where the property is located. You have a short time in which to answer the lawsuit, so do not delay speaking with and retaining an attorney to assist you. This area of law is changing rapidly with the increased number of lawsuits due to...

How do I transfer my LLC to my wife

As you are married, then you have an unlimited marital deduction for gifts between spouses - so there won't be any gift tax issue involved. The transfer needs to be recorded in the corporate records. If your company was set up by an attorney, you probably received a corporate minute book with the Articles of Organization, Operating Agreement, and other important documents. You may also have Interest Certificates. If those were completed, you will need to indicate on them the transfer. I...