He's trying to avoid having to give you a 1099, but what most people don't realize is that having an LLC does NOT absolve him of that liability. It's only if you are a CORPORATION that he does not have to 1099 you.
You can't name the LLC unless the LLC is at fault or she was working on behalf of the LLC when she committed the wrongdoing.
There's a law called "fraudulent conveyances" that allows you set aside any transfers that were made to the LLC to avoid paying creditors.
A lender does not have to give you a loan modification, you might try either a forbearance agreement, a Chapter 13 Bankruptcy or a short sale. In short, don't bother talking with an attorney just about the modification, but rather all other legal options you have for your situation. Good luck!
I think you are confusing liability protection of an LLC with the charging order protection of an LLC. If the LLC is sued for liability caused by the property it owns, the LLC is liable for the judgment. The judgment creditor can go after all the assets of the LLC. In the case that someone has a judgment against the member of the LLC, UNRELATED to the LLCs business, the creditor is generally limited to a charging order against the member's interest. The newer case law is leaning towards the...
The case of libel is easy to prove in terms of falsity, but the problem is one of damages. Proving your reputation was harmed is difficult in terms of monetary damages. It also requires hiring an attorney to sue, which is expensive. Sometimes a simple threatening letter from an attorney is all it takes to scare someone into compliance.
Nonsense. Even if you agreed in writing to use a mortgage company for a refinance and even if they tried to hold you to it, Federal law provides a 3 day right of rescission after the close of the loan. So, they are not going to try and hold you to a commitment to refi with them. Seek another mortgage company who is reputable.
A manager-managed LLC is like a limited partnership in operation. The manager is like a general partner, the non-managing members are like limited partners. If the LLC is setup as manager-managed, only the managers can sign obligations for the LLC; non-managing members cannot. Colorado sec of state does not show who the managers or members are on record, so this is set forth in a company operating agreement. An operating agreement will spell out the roles, powers, and responsibilities of...