I CAME OUT OF THE NIGHTCLUB TO FIND MY CAR HAD BEEN BROKEN INTO. VALET HAD PARKED MY CAR. CLOTHES, MONEY, AND TOOLS WERE STOLEN AND MY WINDOW WAS ALSO BUST OUT. THE CLUB OWNER SAYS HE IS NOT RESPONSIBLE FOR THE DAMAGE. BUT IF I PAID FOR SPECIAL PA...
Making an insurance claim is a fine idea if you have insurance. As for the night club's liability, it's a question as to whether the club had control over the vehicle. If so, it appears to be a "bailment". I think that the club or the valet company may have liability on this basis.See question
We are an eCommerce biz that sells expensive items. Buyers agree to No Returns policy in regard to "Buyers Remorse" by checking a box stating they agree to terms / return policy at Checkout. A problematic buyer stated via email they changed their ...
This is covered by Article 2 of the Uniform Commercial Code. I would need to read all of the terms to offer a complete answer, but the short, preliminary answer is that it appears that you can enforce the agreed terms and refuse a refund.See question
My daughter had her engagement ring repaired at the jeweler where it was purchased. Before the jewelry store would release give her back her ring she had to sign a "contract" that she or anyone in relation to her would post a negative review or p...
A lot has been said in the other comments because this type of issue, being defamation via social media and on-line business reviews, is a new and developing area of law.
I agree that the store would have a difficult time (at best) holding your daughter liable for your actions. I would not discourage you from seeking legal advice, but perhaps the store will not follow through on its threat of a lawsuit. Perhaps the store will realize that a lawsuit by the store could result in a nasty countersuit.
The store's practices may violate the Michigan Consumer Protection Act, perhaps by "Entering into a consumer transaction in which the consumer waives or purports to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically consented to it." There may be other violations. This could be raised in a counterclaim if you are sued. I am making no promise of success in that claim, of course.See question
Can bankruptcy court order us marshals return of property that was seized in a civil case by federal court order yes or no? Is bankruptcy always filed in federal not state courts?
Bankruptcy cases are always in federal courts.
Whether a seizure can be undone depends upon the timing of the bankruptcy and the seizure and other factors. See Dery v. U.S., 106 BR 474 (Bankr. E.D. Mich. 1989) a case I was involved in.See question
Trying to determine the best route to asset protection, privacy (from potential creditors), and liability/risk management. What type of Quit Claim should I use and must this be done at the closing table?
I agree with the two prior attorney answers. It sounds like you need a comprehensive plan.See question
My friend has LLC company in Michigan. I'm working with him right now and I'm getting allowance not full paid because the company still growing up and can't pay me full. We made a deal that I will own 30% of the company. So what kind of legal ag...
The short answer is an operating agreement for the LLC. Now for the tricky part: Drafting it. See a lawyer.See question
I filed for Chapter 7 on January 2015 and was discharged on May 2015. I kept my house by settling the estate's interest in real property. On November 2015 I received bunch of documents and it says "It is estimated that this case will be closed in ...
The closure of a chapter 7 case occurs after the trustee files the final report. Trustees are often slow in finishing their required reporting. Also, there may be a reason other than lack of diligence on the trustee's part. If the trustee is pursuing the recovery of an asset, resolving claims, or otherwise actively administering the estate, the case will remain open.See question
I attended my 341 meeting and was told by the trustee to contact an attorney because I did not exempt my Employer sponsored 401k. There is approximately $180,000 in my 401k and I need to know what the Federal exemption code is to protect it. I ha...
11 USC section 522(b)(3)(C). But my advice is to see an attorney. I cannot assume that you know how properly to protect your rights or that all of the possible issues have been identified.See question
I had one unsecured debt totaling 30k, and filed Chapter 7 to save my house, which has a mortgage that is always paid. Now the Trustee claims that my home is worth in excess of our appraiser's estimate, and he is trying to sell it to pay on the di...
Did you claim state or federal exemptions? Should you amend your exemptions? Ask your attorney those questions. The homestead exemption in Michigan is not unlimited unless it is an "entirities" exemption and the debt is not joint. Your attorney may have been correct based upon your valuation, but the trustee is not bound by that valuation.See question
Bankruptcy results in jurisdiction in the federal court to collect receivables, which may "assist" the trustee or debtor in possession to collect, but it's not direct assistance.See question