Foreign Entity was a Delaware LP. They have been out of business since 2011. Their existence was forfeited on SOS site in both Delaware & Texas in 2012. They have a 2013 judgement against me that was awarded by a Texas court and are still tryi...
Texas Business Organizations Code §9.001 and §9.004 require certain specified types of foreign business entities to register with the Texas Secretary of State according to the procedures set forth in Chapter 4 of the Texas Business Organizations Code. Where a foreign entity fails to register, or maintain its registration, it "may not maintain an action, suit, or proceeding in a court of this state, brought either directly by the entity or in the form of a derivative action in the entity's name, on a cause of action that arises out of the transaction of business in this state ... " Texas Business Organizations Code §9.051(b). The main purpose of this statute is not to protect judgment debtors, but to make sure that foreign business can be monitored and taxed by the State of Texas. Although this can be useful to a judgment debtor, it is often a limited form of relief as there are a number of ways in which the creditor may be able to avoid this bar. A likely method would be for the forfeited business to assign its judgment to another business, or the owners of the forfeited business.See question
Hi, I live in Dallas now and filed bankruptcy in NJ in 2009 of November. I was told by my previous attorney that my discharge was July 2009. Which means July 2017 I would like to file Chapter 7 bankruptcy again. Do I have a waiting period to file...
The exact time you must wait depends on the type of case in which you received your 2009 discharge, and the type of case you seek to file for the purpose of obtaining a second discharge.
If you are seeking to file a second chapter 7 case, you cannot receive a discharge unless you wait to file your case for 8 years from the date on which you received your earlier discharge. Bankruptcy Code Section 727(a)(8). There is no additional waiting period beyond that specified in Bankruptcy Code Section 727(a)(8). The Administrative Office of the U.S. Courts maintains a website which includes a discussion of basic bankruptcy information, including the waiting periods based on different types of cases, at www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/discharge-bankruptcy-bankruptcy-basics
I was laid off from my job and have not been able to find another job yet and now I'm being sued by Portfolio Recovery Associates LLC for a credit card debt
Texas law allows the exemption of up to $50,000 of personal property ($100,000 for the head of a family). This exemption includes the equity in a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver’s license. Thus, as long as the value of the car in issue, together with the value of all of your other personal property, does not exceed the applicable exemption amount ($50,000 or $100,000) a general judgment creditor may not seizing an otherwise exempt car to pay its judgment. However, the exemption does not prevent the holder of a lien against a care from enforcing that lien.
This does not mean that you won't be caught up in collection proceedings, and you may have to demonstrate to a sheriff or court that the car is exempt.See question
Hi I'm David DBA Vision Autos I thought I could jus say the truth and that did not work. I sold a car to a customer he forged the Bill of sell and changed miles and price and did not show up to court and I get stiffed judgement against me for $200...
The answer to your question depends on whether there is a defect in the service of citation on you before the default was entered; whether you were served with citation and did not answer before the default was entered; or whether you were served, answered, but did not appear at a trial. Depending on which of these circumstances are present you have between 30 days (to file a motion for new trial) and 4 years (to file a bill of review) to challenge the judgment, but the standards and methods are quite different. You will need to provide this information to an attorney in order to evaluate your options.See question
I am preparing to file Chapter 7 Bankruptcy in the state of Texas. Since I have been unemployed for over 6 months, I do not have the funds to hire an attorney and plan to file without one. I previously worked in banking (loss mitigation), and I am...
Texas law allows many exemptions not available under the Federal bankruptcy exemptions. However, cash in a bank account is generally not exempt, subject to a few exceptions. The major such exceptions allow the continued exemption of the proceeds of certain types of insurance (life and disability) and annuities, and the proceeds from the sale of homestead property for a period of six months. Texas Property Code §42.0021 provides a 60 day exemption for sums distributed from a qualified pension plan or IRA. There is currently some disagreement as to what happens if the funds remain in an account after 60 days. A recent decision in the Eastern District of Texas holds that the proceeds distributed from an IRA remain exempt In re Moore, 2016 Bankr. LEXIS 2497 (Bankr. E.D. Tex. July 6, 2016). A recent decision in the Southern District provides that the exemption vanishes after 60 days. In re Hawk, 524 B.R. 706 (Bankr. S.D. Tex. 2015). There is no specific exemption for living expenses.See question
I bought a car with a rolled back odometer from a dealer in texas. Can I get my money back?
Odometer tampering is a violation of the Texas Deceptive Trade Practices Act and the Federal Odometer Act. Each of these acts has various remedies which could include rescission (which returns the parties to their position before the sale) as well as other damages. If you have clear proof that the dealer tampered with the odometer, it might be willing to unwind the purchase transaction. If not, you would have to file a lawsuit.See question
Delivery driver knocked out a huge limb on one of my 350-450 year old live oak treesthat went over my road ! It had a game feeder hanging from it, but even worse was a deer blind that my nephew built when he was 12 years old !! My nephew died back...
The issue is the value of the property damaged. With respect to the tree, the starting point is whether the damage to the limb diminishes the value of the property to which the tree is attached. If the effect of the damages to the tree does not significantly affect the value of the related property, then a landowner can recover based on the change in the intrinsic value of the tree (its ornamental value and utility (shade) value). As a practical matter, you would likely need an expert on trees, such as a nursery or arborist, to assess the effect on the missing limb on the value of the tree. Similarly, with respect to the treehouse, you could assert a claim for the replacement value of the treehouse. However, absent specific exceptions not present here, you cannot recover any sentimental or emotional value with respect to either item. The Texas Supreme Court ruled in 2013 in the context of the loss of companion animals that non-economic damages are not available for the loss of personal property.See question
I know i will need a restaurant managers license and FDA licensing, but are there any other sorts of licenses that I will need to obtain first? How much would these licenses cost?
The concept of a cat café is relatively new to the United States, and municipalities have not universally approved the concept. The primary concerns you will face relate to state and local health restrictions on the presence of animals in food preparation and serving areas. Your best option may be to setup an appointment with the health department of the municipalities where you are considering opening to discuss what issues are presented and work on solutions that the health department finds acceptable. However, it is likely that food preparation and service areas must be kept completely separate from the area where cats are present.
You will also need to comply with animal welfare laws. You may wish to consider partnering with an animal shelter to feature their adoptable cats, in which case the shelter can give you guidance with regard to compliance with laws regarding housing cats.
Lastly, you will need to meet the requirements generally applicable to a food service establishment, such as access that is compliant with the Americans with Disabilities Act.See question
Can i get them for using my car without my permission ?
When engaging in a private sale from one person to another, without the involvement of a bank or other financing entity, you must follow several steps in addition to signing the car title. These are generally described on the Texas Department of Motor Vehicles website www.txdmv.gov/motorists/buying-or-selling-a-vehicle. As the seller, you should complete the vehicle transfer notification which can be completed online at https://etag.txdmv.gov/Vehicle/MainTransferNotification.aspxSee question
Discover card has sued me for 7500.00, I know they can get a judgement to seize my bank account but can they also seize my car? It's paid off.
Texas allows an individual to exempt up to $50,000 of personal property, and the head of a family to exempt up to $100,000. The property subject to exemption within this dollar value is identified in Texas Property Code §42.002 and includes “a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult” up to the value of the allowed exemption. This exemption protects property from judgment creditors unless you have waived the exemption by signing documents allowing the vehicle to serve as security for the repayment of a debt.See question