Charles Alexander Naegele’s Answers

Charles Alexander Naegele

San Jose Business Attorney.

Contributor Level 14
  1. I am a small corp. & am being sued. i have no money, going out of business. where can i get free legal rep to file an answer?

    Answered over 2 years ago.

    1. Herb Fox
    2. Neil Pedersen
    3. Charles Alexander Naegele
    4. Andy I Chen
    5. Kevin Lewis King
    6. ···
    6 lawyer answers

    You should consider consulting with a bankruptcy attorney immediately. Unfortunately, the labor board is very partial towards workers and awarding back pay judgments to employees who the labor commissioner believes were unfairly cheated out of back pay wages. It sounds like this may be your situation and you may have several employment related judgments against you soon. It is imperative that you consult with a bankruptcy attorney BEFORE the labor court awards judgments against you...

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  2. Do i have a choice to keep my car & house in chapter 7 bankruptcy?

    Answered over 2 years ago.

    1. Brian Crozier Whitaker
    2. Michael Avanesian
    3. Gary D. Bollinger
    4. Charles Alexander Naegele
    5. James Bernard Loo
    5 lawyer answers

    You are probably better off in a Chapter 13 bankruptcy which allows you to make up payments over time and keep your house and your car. However, you need to have a minimum amount of income in order to qualify. Chapter 7 can be risky because if you don't make up the payments, the lender can still take your car or house by filing a "motion for relief from stay" and they can also seize it after your Chapter 7 is over in about 3-4 months. Therefore, Chapter 13 is the better option for you.

    4 lawyers agreed with this answer

  3. I am filing for bankruptcy. Will the labor board decision against me be discharged? that is not the reason for the bankruptcy

    Answered over 2 years ago.

    1. Charles Alexander Naegele
    2. Michael J Corbin
    3. David Alexander Yomtov
    3 lawyer answers

    In addition to the answers provided by the other lawyers below, the person holding the judgment for $135,000 can start a lawsuit against you in bankruptcy called an "Adversary Proceeding" to have the entire amount declared non-dischargeable. If they can prove you were their employer and you did not withhold wages, then they may be successful. In addition, bankruptcy courts in California are required to assume the facts of a prior judicial proceeding as true (to prevent multiple litigation of...

    3 lawyers agreed with this answer

  4. Costs of forming an LLC with 2 divisions in California?

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Dana Howard Shultz
    2 lawyer answers

    1) Yes, it is possible and many people do it a lot. 2) No, there are no extra fees to the government, just extra paperwork. 3) No, not for LLCs. However, if you form a Corporation, it gets a free pass on the $800 for first calendar year of operations. This is wasted if you file now as there are only 2 1/2 months left in the Calendar year so you'd have to file in January to get a free pass on 12 months. 4) Even if you file in Nevada, if you have a "substantial nexus" to California, you'll...

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  5. Is there any way to ask the State of CA to forgive filing past FTB568 forms if the business is "canceled" and made no profits?

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Henry Daniel Lively
    3. Ayuban Antonio Tomas
    3 lawyer answers

    The FTB requires you to file form 568 even though the IRS does not because there is a gross receipts tax on California LLCs, so it is not truly a disregarded entity for California tax purposes. It can easily be cleared up by filing back Form 568 forms for the LLC. There is really no other way to revive it. Good news is that it looks like you won't owe any back taxes, so it is just a matter of filing the forms. Hope this helps. If you found this useful, please note so by clicking the...

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  6. Do I need to pay US taxes if I sell information products through US Bank accounts or US PayPal to US based customers?

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Douglas James Pettibone
    3. Dana Howard Shultz
    4. Ayuban Antonio Tomas
    4 lawyer answers

    Here is the answer to your question based on if you are an individual or a corporation Individual As a nonresident alien individual, you are taxed on your "US sourced" profits, meaning any profits that arise from the U.S. Profit that you derive from selling products on the internet are only US sourced if the IRS thinks you are "engaged in a trade or business" in the U.S., which means you make regular sales in the U.S. and have sufficient contacts here. Simply having a U.S. bank account...

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  7. Could I demand all the documents from Junk Debt Buyer in Court?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Constantine D. Buzunis
    3. Charles Alexander Naegele
    4. John Joseph O'Brien
    4 lawyer answers

    If you believe that you owe the debt, liability or whatever they are suing you for and you think you might lose at trial, you may consider filing for bankruptcy before a judgment is entered against you. This is because after a judgment is entered against you, if you file for bankruptcy, the creditor can file a lawsuit against you in bankruptcy trying to get their debt out of bankruptcy. If there was a prior state court proceeding and a fraud judgment, the bankruptcy court won't re-litigate...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Im a greencard holder merried 10 yrs,what is the issue if my husband not pay my taxes as a joint 2yrs now?

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Ekaette Patty-Anne Eddings
    2 lawyer answers

    You won't be arrested for not paying taxes. See my prior post about how to resolve the issue. As a greencard holder, they likely will not revoke your green card for nonpayment of taxes, they'll just audit you and charge penalties on the amount you owe. Relax, they will let you back into the country just fine. Hope this helps. If you found this useful, please note so by clicking the thumbs up button. Legal disclaimer: This information is not intended to create an attorney-client...

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  9. We are filing personal Chp 7. Our LLC NOT included. We do have a joint debt. should we incl, or leave this out?

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Gerald Lawrence Wolfe
    3. Andrew Daniel Myers
    3 lawyer answers

    You must disclose the membership interest in the LLC as a personal asset when you declare chapter 7 bankruptcy. However, this only takes into consideration your personal assets and debts. Therefore, any debt of the LLC for which you were not a co-signer or did not personally guarantee will not be discharged in the chapter 7 if it is not also declaring bankruptcy. Therefore, the US trustee can seize your LLC interest and sell it to satisfy your debts, which may cause the LLC to go out of...

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  10. Husband has a C corporation. Wife appointed as vice president does all office tasks. Not a share holder or w-2.

    Answered over 4 years ago.

    1. Charles Alexander Naegele
    2. Steven Alan Fink
    3. Dana Howard Shultz
    3 lawyer answers

    First, you would sue the C Corporation and not your husband as the payor would be the corporation rather than the husband. Second, unless you had an employment contract to pay wages, you have no ground to sue because there is no requirement that officers must be paid wages. Third, since you are not an employee or a shareholder, it will be difficult to sue since there is no legal right you have to sue on, simply your own labor. The biggest reason a judge would probably not grant the claim...

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