Charles Paul-Thomas Phoenix's Answers

Charles Paul-Thomas Phoenix
Fort Myers Litigation Lawyer.
Contributor Level 7

1

Attorney answers:

  1. Charles Paul-Thomas Phoenix

Federal taxes without proof of income

Asked by a user in Seattle, WA - almost 4 years ago.

I'm not at all sure the premise for your question. I am also not clear if you are discussing an individual, corporation, or other entity. But, if you are wondering if you have to provide documents with a tax return, then the answer is generally "no." Forms W-2 are the only documents sometimes required to be filed with an income tax return for a U.S. individual. A tax return is not about proving income, but reporting it. The Internal Revenue Code of 1986, as amended, requires taxpayers to...

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Attorney answers:

  1. Charles Paul-Thomas Phoenix

I want to host Video Game Trailers on my website!

Asked by a user in Waterford, MI - over 2 years ago.

I would not use any material on the Internet, however found, without express permission from the person owning the publishing rights. Just because, for example, you find something on YouTube does not mean the person owning the publishing rights authorized it for publication on your website. The owner of the publishing rights has available to them common law and Federal statutory remedies that go beyond just compensatory damages.

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3

Attorney answers:

  1. Richard Adam Sachs
  2. Charles Paul-Thomas Phoenix
  3. Michael E Hendrickson

Can bill collectors constantly call your home under FL law. Fair Debt Collection Practices Act

Asked by a user in Titusville, FL - almost 4 years ago.

In addition to the state and federal acts mentioned above, the Bankruptcy Code prohibits creditor calls and other contact while the automatic stay is in place (usually from filing through discharge) and after discharge (permanent prohibition). Also, collectors could violate other laws, including the Fair Credit Reporting Act and a Florida law barring the use of automatic dialing machines without following certain rules. You should contact a good lawyer to see if any of those laws were...

4

Attorney answers:

  1. Robert Bailey Branson
  2. Mohammad Ahmed Faruqui
  3. Charles Paul-Thomas Phoenix
  4. Lesley Abigail Hoenig

DEBT & CREDIT QUESTIONS

Asked by a user in Miami, FL - about 4 years ago.

You have a number of issues here. First, since you own the shares of the corporation, the creditor could attach the shares in its collection efforts. In doing so, you will lose the corporation and everything it owns. Of course, if the corporation has no value, then no creditor would bother with it. A limited liability may fair better in Florida, but that discussion is beyone the scope of this discussion. Second, to answer your question related to bankruptcy, personal bankruptcy may be...

3

Attorney answers:

  1. Charles Paul-Thomas Phoenix
  2. Timothy A. Dinan
  3. Markus May

Resale back company stock certificate

Asked by a user in Niles, MI - almost 4 years ago.

In all business matters, you must start with the documents. You need to have a qualified attorney review all corporate documents (articles, bylaws, resolutions, shareholder agreements, employment agreements, deferred compensation agreements, and so on). After analyzing the documents, you need to look at your rights. For example, do you have the ability, despite your minority position, to hold the company in deadlock because of your ability to control half of the directorships? Then, you...

4

Attorney answers:

  1. Charles Paul-Thomas Phoenix
  2. Dennis Andrew Chen
  3. Lawrence Joseph Marraffino
  4. Lesley Abigail Hoenig

Bankruptcy choices

Asked by a user in Gainesville, FL - almost 4 years ago.

While federal law prohibits bankruptcy consultation without you signing disclosures, I can tell you that the bankruptcy code requires all debts to be listed on a bankruptcy petition. Additionally, the bankruptcy code requires disclosure of many transactions that benefit one creditor over another. And, lastly, the bankruptcy code allows a debtor to reaffirm (or again promise to pay) debts after discharge. Whether or not paying your credit card bill or reaffirming the debt are a good idea is...

3

Attorney answers:

  1. Charles Paul-Thomas Phoenix
  2. Dennis Andrew Chen
  3. Lesley Abigail Hoenig

Rv repossession

Asked by a user in Orlando, FL - almost 4 years ago.

Only people who cosigned or coborrowed under the note to purchase the RV would be responsible for a deficiency on the repossession. A related point might be if a relative rented space for your RV in a park. If that happened, then the relative might be obligated to pay the park for any past due usage fees or rent. Also, one of the challenges you may face, personally, might be a frozen bank account (as the result of garnishment). If you have a joint account, then the effect of the freeze...

3

Attorney answers:

  1. Christopher M. Mcavoy
  2. Charles Paul-Thomas Phoenix
  3. Lesley Abigail Hoenig

Is $3500 to file Ch. 7 an "average" fee? What's better - bancruptcy or consent judgement?

Asked by a user in Virginia Beach, VA - almost 4 years ago.

With regard to fees, bankruptcy courts very strictly regulate fees. I would be very surprised that the court would allow a $3,500 fee for a Chapter 7 bankruptcy without very significant complexities. I think, actually, you are mistaken about Chapter 7. I think the lawyer quoted you a fee for a Chapter 13 bankruptcy as $3,500 is consistent with fees generally charged for Chapter 13 cases.

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Attorney answers:

  1. Charles Paul-Thomas Phoenix

Leasing condo room mate termination

Asked by a user in New York, NY - almost 4 years ago.

The time frame will depend on whether or not you have a written lease. If so, your lease termination provisions would dictate (assuming there are lease termination provisions). If you do not have a written lease, you will need to deliver a notice of termination at least one full rent period before the date when you want to terminate.