Christopher Palmer’s Answers

Christopher Palmer

Astoria Family Law Attorney.

Contributor Level 11
  1. Can one buy a California business with a non-compete obligation?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Christopher Palmer
    3. Michael Charles Doland
    4. Dana Howard Shultz
    5. Matthew Corin Bradford
    5 lawyer answers

    I agree with Mr. Eschen and would extend on his point to say that if you are purchasing a business you should have an attorney involved for more than just this particular issue. There are a lot a hidden traps involved in the purchasing of an on-going business. Even taking over a small, inconspicuous business might be walking into a mountain of headaches that the previous own has failed to address (i.e., zoning, taxes, licensing, on-going vendor contracts, etc.). If you are willing to spend...

    13 lawyers agreed with this answer

  2. I am a member of an LLC with 45% shares. I am also a signer on the bank account. Can I withdraw money from the account?

    Answered over 1 year ago.

    1. Christopher Palmer
    2. Pamela Koslyn
    3. Scott Gregory Nathan
    3 lawyer answers

    In short, no. Look to the Operating Agreement. This should provide a road map for what you should do. If there is a disagreement between members, the Operating Agreement should have the procedures to handle it. If a member is acting in a way that is detrimental to the LLC, the Operating Agreement should address what to do. Regardless, it sounds as if you are in a position that you need to protect your interest. If you used an attorney to form to LLC , you may wish to consult with that...

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  3. Can I dissolve a limited liability partnership with a negligent partner?

    Answered over 1 year ago.

    1. Christopher Palmer
    2. Michael Leo Potter
    3. James Carl Eschen III
    4. Bryant Keith Martin
    5. Matthew Erik Johnson
    5 lawyer answers

    I am a bit confused by your question. You mention that you are in an LLP running a motel. In California, the LLP form of ownership is limited to persons licensed to practice in the fields of public accountancy, law, or architecture. That said, look to the partnership agreement for steps to dissolve. If the partnership agreement does not have those steps, or you don't have a partnership agreement, then, by default, the state law will apply. If you want to get out, be sure to talk with an...

    8 lawyers agreed with this answer

  4. I started managing a music band. How can I check if the name has been trademarked? or if someone else is using that name?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Ruth Ryan-Cruz
    3. Christopher Palmer
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    You can check on trademarks at the USPTO website listed below. Also, conduct a search in your State and conduct a Google Search to see if the name is in use anywhere else. Be sure to use multiple variations of the words you are searching. However, for you as the manager, you should check to see if California law requires registration with regard to management. In some states, a person acting as a representative on behalf of another for purposes of promoting the other's talent must register...

    8 lawyers agreed with this answer

  5. Is it wise to walk away from LLC to avoid paying 3 years of $800 annual tax and penalties?

    Answered over 1 year ago.

    1. Christopher Palmer
    2. Curtis Lamar Harrington Jr
    3. Scott Richard Kaufman
    4. Michael Charles Doland
    5. Bryant Keith Martin
    5 lawyer answers

    You have asked if it is "wise" to walk away from a tax obligation. To this, Thomas Jefferson would say, "Honesty is the first chapter in the book of wisdom." That said, termination of the California LLC does not relieve that entity of any outstanding liabilities and the entity - or its transferees (which would be you, as the sole member) - remain liable for any outstanding returns or tax liabilities, Cal. Code of Regs. §23151. I attached below the FTB guide for dissolution of a business...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Is a written (but not notarized) agreement between two parties a legal document? In other words will it hold up in court?

    Answered about 1 year ago.

    1. Christopher Palmer
    2. William J D Patterson
    3. Troy Austin Pickard
    4. Michael Charles Doland
    4 lawyer answers

    You need to speak to an attorney. Generally, a written agreement between two parties is enforceable - notarization is generally not required. In this case, however, the situation appears to involve real property, which brings into play other areas of the law. From the information posted, it sounds as if one person performed a service in reliance on another's promise, and if so, would likely be entitled to some consideration, up to and potentially including the agreed to consideration, in...

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  7. WOULD IT BE BETTER TO FILE BANKRUPTCY AND THEN FILE FOR DIVORCE OR THE REVERSE.

    Answered 5 months ago.

    1. Christopher Palmer
    2. Robert J Adams Jr.
    3. Diane L Gruber
    4. Lara M. Gardner
    5. Gary D. Bollinger
    5 lawyer answers

    You should consult with bankruptcy counsel first. However, you cannot discharge domestic support obligations (child support) in bankruptcy.

    6 lawyers agreed with this answer

  8. What business structure is best for a coaching/website busines to protect personal assests?

    Answered over 1 year ago.

    1. Christopher Palmer
    2. Michael Leo Potter
    3. Douglass S Lodmell
    3 lawyer answers

    Going into business offers a variety of choices. You are on the right track by asking these questions. However, based on the information provided, it is difficult to suggest one over the other - or if you even need an entity at all (a good insurance policy can do wonders). However, an entity may not provide the protection desired, as well. For example, you mention "coaching." While you will likely find some protections with an entity regarding particular contracts with customers and...

    6 lawyers agreed with this answer

  9. What process would I have to follow to get permission for my husband to move out of state on his bench probation?

    Answered over 1 year ago.

    1. Joshua Pond
    2. Christopher Palmer
    3. F. J. Capriotti III
    4. Brett J Hall
    4 lawyer answers

    Talk to the probation officer. So long as you have completed the terms of the probation - paying fees, taking classes, etc. - then you should be able to get permission. If it probation was informal (non-supervised), you may need to speak with the Court to get permission. If there are other issues involved, or you are denied in your request, you should speak with an attorney. Good luck.

    6 lawyers agreed with this answer

  10. I have found a way to sue hundreds of business. Should I get a lawyer before I file or after?

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Christopher Palmer
    3. Agavni Gina Hogtanian
    4. Michael Charles Doland
    5. Carl H Starrett II
    5 lawyer answers

    Before initiating any judicial action, you would be well advised to meet with an attorney. First, an attorney will likely provide additional insight regarding the area of law on which you rely. While I am sure you have looked at the matter carefully, the law can have many layers through which to navigate. An attorney will help. Next, before spending hard earned money on filing fees that you may not recover, speak with an attorney to determine if litigation is the best solution. If you are...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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