Arieh Mordechai Flemenbaum’s Answers

Arieh Mordechai Flemenbaum

Chicago Business Attorney.

Contributor Level 12
  1. Does placing a property in trust constitute a change of ownership?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Erica Crohn Minchella
    3. Arieh Mordechai Flemenbaum
    4. Steven J. Fromm
    4 lawyer answers

    I agree with my colleagues. From a legal and title perspective, ownership has changed. For tax purposes, generally speaking a land trust is like a grantor trust - the property is still considered held by you (and any income, deductions and depreciation should flow through to you), and upon your death, the property will pass according to the terms of the land trust/beneficiary designation (so it will not be subject to probate). Since it is a change in ownership/title, the "due on sale"...

  2. Liens and material suppliers

    Answered over 3 years ago.

    1. Arieh Mordechai Flemenbaum
    1 lawyer answer

    As a material supplier, in addition to common law rights, you have certain statutory lien rights under the Illinois Mechanics Lien Act. However, in order to make your claim under the Act, perfect it and enforce your rights, you will need to comply with various requirements, including sending a notice and possibly filing a lawsuit within a specific time frame. So it is imperative that you consult with a construction law or real estate attorney as soon as possible. We are happy to discuss...

  3. Is it normal for an attorney to ask for retainer before we get attorney client agreement? Should we be able to get an estimate?

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. Arieh Mordechai Flemenbaum
    3. Joseph Jonathan Brophy
    3 lawyer answers

    Our firm does not deal with or require the "typical" retainer. Instead we require an "advanced fee" - i.e., payment in advance of a percentage of the estimated fees to complete your project. Our standard practice is to require payment of the advance fee after you sign our engagement letter (i.e., the attorney-client agreement). Our engagement letter describes the legal services we will provide and what are fees will be. Some matters can be handled with a flat fee, but for most matters, we...

  4. How do I challenge this non compete agreement in court in illinois

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Arieh Mordechai Flemenbaum
    3. Amy Lynn Jarvis
    3 lawyer answers

    I agree with my colleagues - you need to consult a local lawyer to fully assess your rights. While in California, the courts have not "typically" upheld non-compete agreements, the issue is not as clear in Illinois. In Illinois, a non-compete agreement can be enforceable if it is a valid contract between willing parties and the restrictions imposed are reasonable and narrowly drafted. Generally speaking, (shorter) time restrictions (such as your 2 year restriction) are found to be a...

  5. What do you need to do to transfer all shares (sell all) of a small 1 shareholder C corporation in Illinois to somebody else?

    Answered about 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Steven J. Fromm
    3. Larry S. Wilson
    3 lawyer answers

    I agree with my colleagues that the actual paperwork needed to transfer the shares is very limited and can be completed quickly and efficiently. However, there is a little more to transferring the all of the shares of a corporation. For instance, in a stock sale, the buyer is assuming all of the liabilities of the C corporation, including any unpaid federal and Illinois employment (and unemployment) and sales taxes. There are ways to reduce the risk, such as the buyer doing some due...

  6. Non-compete & non solicitation Agreement

    Answered about 4 years ago.

    1. Charles Shinkle Watson
    2. Arieh Mordechai Flemenbaum
    2 lawyer answers

    I agree with my colleague. Generally, since a non-compete/non-solicitation agreement is a contract between willing parties, you can include any clause that the parties agree on (and which is not illegal or violates the public interest). So you should be able to include a clause that restricts or eliminate the non-compete and/or non-solicitation provisions upon the sale of the company. However, the "devil is in the details" - so to draft the agreement and describe your clause properly, I would...

  7. Attorney who had possession of Will has died and it is unknown if anyone took over his files? How do we file the will?

    Answered about 4 years ago.

    1. Arieh Mordechai Flemenbaum
    2. Cheryl N. Smith
    3. Michael I Burstein
    3 lawyer answers

    I am a Chicago probate attorney and I believe I can help you. Please contact me at your earliest convenience to schedule an appointment. I can be reached at 312-236-8110. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. You should consult a local probate lawyer to obtain legal advice that is tailored to your circumstances and facts. Good luck to you.

  8. Our business require a legal advisor or lawyer to handle the charge backs of any transaction made on a credit card. ?

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Arieh Mordechai Flemenbaum
    2 lawyer answers

    I am an attorney licensed in both Illinois and Florida and many of clients conduct business on national and international scale. So, I believe I can help you. Please contact me at your earliest convenience to schedule an appointment. I can be reached at 312-236-8110. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. You should consult a local business lawyer to obtain legal advice that is tailored...

  9. Closed a business and someone else is paying for my business license.

    Answered about 4 years ago.

    1. Gust G Sarris
    2. Arieh Mordechai Flemenbaum
    2 lawyer answers

    I agree with my colleague. I would like to add that in order to avoid this situation in the future, you should consider formally dissolving the corporation and filing the necessary articles with the Division of Corporations. The formal dissolution of the corporation can cut off liability against unknown creditors (such as those that may arise because of the landlord's unauthorized use of your business name and DBPR license). You do not indicate whether the landlord is operating (or allowing...

  10. My gym will not cancel my membership unless i am disabled or relocating 25 miles or more away from the gym what do i do ?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Arieh Mordechai Flemenbaum
    2 lawyer answers

    You need to look at the contract for your membership. It is likely that your contract provides that you can only terminate the membership if you relocate or become disabled. If this is the case, then your only option is to pay the fees for the remaining term, or try to negotiate a lump sum payment - which should be discounted from the remaining fees because of your early payment. Next time read your contract before signing it and ask about the termination fees (or ask to have one included)....