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Christopher R. Minelli

Christopher Minelli’s Answers

174 total


  • Are there any precedents for student loans,I was not a benefactor but I signed for the loan?

    Are there any circumstances in which a student loan is forgiven altho I was not the benefactor?

    Christopher’s Answer

    What do you mean by "benefactor?" You were a co-signor but not the student receiving the benefit of the loan? More information, please!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Corporation Checking account

    Can a bank refuse or ignore to take off a signee for a corporation checking account after they received a corporation resolution stating that he no longer was a director of the corporation?

    Christopher’s Answer

    What were the reasons for the bank's refusal to close the account? It does not strike me as unusual provided they had some other reason (such as a requirement that something more than a corporate resolution be provided, or that a bank policy required a specific procedure which was not followed). I say it is not unusual because a corporate director, as a matter of common law, is "cloaked with authority" to conduct daily business on behalf of the corporation. Therefore, if the bank did not raise questions or refuse to close the account it may be violating applicable law.

    I would ask the bank to clarify its decisions and provide internal documentation as to why it will not close the account with a duly-enacted board resolution.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Corporation checking account

    Can a bank refuse or ignore to take off a signee for a coporation who opened it without the corporation knowing after they received a corporate resolution showing the signee was no longer a director and requesting for the account to be closed.

    Christopher’s Answer

    What were the reasons for the bank's refusal to close the account? It does not strike me as unusual provided they had some other reason (such as a requirement that something more than a corporate resolution be provided, or that a bank policy required a specific procedure which was not followed). I say it is not unusual because a corporate director, as a matter of common law, is "cloaked with authority" to conduct daily business on behalf of the corporation. Therefore, if the bank did not raise questions or refuse to close the account it may be violating applicable law.

    I would ask the bank to clarify its decisions and provide internal documentation as to why it will not close the account with a duly-enacted board resolution.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Corporation Checking account

    Can a bank refuse or ignore to take off a signee who opened the account without the corporation's knowing after they received a corporate resolution showing the signee no longer was a director and requesting to have the account closed?

    Christopher’s Answer

    What were the reasons for the bank's refusal to close the account? It does not strike me as unusual provided they had some other reason (such as a requirement that something more than a corporate resolution be provided, or that a bank policy required a specific procedure which was not followed). I say it is not unusual because a corporate director, as a matter of common law, is "cloaked with authority" to conduct daily business on behalf of the corporation. Therefore, if the bank did not raise questions or refuse to close the account it may be violating applicable law.

    I would ask the bank to clarify its decisions and provide internal documentation as to why it will not close the account with a duly-enacted board resolution.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • If my employer requires me to drive my personal vehicle for company purposes are they required to pay for gas and other expenses

    My company requires me to drive my personal vehicle on company time to do company business, but I pay for my own gas and not reimbursed. Is this legal?

    Christopher’s Answer

    Generally, employers and employees are permitted to arrange their employment relationship in any way they choose, subject to certain legal and constitutional limits. That being said, even if you are not compensated for the use of your personal vehicle, you might still be able to gain an advantage of the situation by keeping track of your expenses and deducting it from your income taxes on Schedule A. An accountant or attorney will be able to help you with the calculations and specific rules regarding the deduction.

    Generally, no. The Illinois unemployment scheme contemplates that employers will "pay" for unemployed persons (much like workers' compensation) as a general cost of doing business in the state. Thus, unemployment benefits do not come out of the state's general tax reserves. If the employer is not subject to unemployment insurance regulation (such as railroads, small employers, and agricultural employers, to name a few) then employees of them are not permitted to obtain unemployment benefits.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • If an employer does not have unemployment insurance are the employees stil entitled to unemployment benefits

    Unemployment laws in Chicago, IL

    Christopher’s Answer

    Generally, no. The Illinois unemployment scheme contemplates that employers will "pay" for unemployed persons (much like workers' compensation) as a general cost of doing business in the state. Thus, unemployment benefits do not come out of the state's general tax reserves. If the employer is not subject to unemployment insurance regulation (such as railroads, small employers, and agricultural employers, to name a few) then employees of them are not permitted to obtain unemployment benefits.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • If the employer does not have unemployment insurance can an employee with a legitimate claim still receive unemployment benefits

    Unemployment benefits

    Christopher’s Answer

    Generally, no. The Illinois unemployment scheme contemplates that employers will "pay" for unemployed persons (much like workers' compensation) as a general cost of doing business in the state. Thus, unemployment benefits do not come out of the state's general tax reserves. If the employer is not subject to unemployment insurance regulation (such as railroads, small employers, and agricultural employers, to name a few) then employees of them are not permitted to obtain unemployment benefits.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Can a collection agency release you from your co-signer obligations

    i co-sign for a loan the person that i co-sign for defaulted .the collection agency said if i paid them a lump sum they would release me from this debt

    Christopher’s Answer

    Generally, yes. A co-signor is a "guarantor" under the law, which means a creditor or their agent can collect against the co-signor on the debt if the original debtor defaults. Because the co-signor is on the hook so to speak, it is common for collection agencies to settle with the co-signor (and recover some money on the defaulted debt for the creditor) by offering deals like this.

    Remember, it is important to (1) VERIFY that the debt is valid and (2) REQUEST WRITTEN CONFIRMATION that the agency is the lawful agent of the creditor and is allowed to make such deals and (3) OBTAIN A WRITTEN RELEASE if you choose to take the deal.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Appliance replacement

    I am promptly scheduling replacement of an above range microwave that has broken in a unit that I am renting. I've done this promptly but trying to schedule an appointment for installation has become a problem: the two tenants say neither will av...

    Christopher’s Answer

    The answer depends on a couple of things. I assume the unit is within the city limits of Chicago, which means the tenant has a legal duty imposed by the Chicago Residential Landlord-Tenant Act to allow the landlord or the landlord's agents (i.e. the installers) access to the unit to replace fixtures (appliances) or conduct maintenance. Further, your written lease (if properly drafted) should contain a list of the landlord's duties in regards to broken fixtures. Most form leases do not require "absolute" duties to repair, but instead the landlord is only required to act reasonably in providing repairs.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question 
  • Being harrassed by neighbor

    I am being harrassed by my neighbor who is a con artist. she owns a business where she helps people collect money from a plaintiff if a judgement is awarded against a person a defendant. Her business is to locate where the defendant in the case wo...

    Christopher’s Answer

    There are a number of potential Illinois crimes that the woman and her "company" are committing in addition to a (potential) charge of practicing law without a license. I would consult your local police station if you feel uncomfortable or threatened by her actions.

    Good luck!

    Christopher R. Minelli
    Minelli Law Offices, LLC
    Chicago, Illinois
    (312) 214-7262

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

    See question