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Benjamin A. Stolz

Benjamin Stolz’s Answers

98 total

  • Help! I am a totally and permanently disabled Iraq veteran and just got a 1099-C stating I will owe the IRS for $15,000.

    Long story short. I deployed to Iraq in 2008 and came home totally and permanently disabled. I get paid by the VA at the 100% level, plus SSDI. I had about $92,932 in student debts discharged last year after I won my case at the VA, and yesterday ...

    Benjamin’s Answer

    Mr. Harrell has provided good information. iRS Form 982 should be filed with return for the year in question. Insolvency is often an available means to address this issue. Many lawyers offer a free initial consiltation. While not always black and white neither is this process rocket science.

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  • Company lawyer vs employees

    Is it normal that company lawyers invite an employee Tia speak about one topic and then talk bout another topic during over two hours of questions? What should the employee do if he feels misjudged?

    Benjamin’s Answer

    As my colleague indicated there are really not enough facts to reply effectively. In general though one thing in my experience as General Counsel in the past that is helpful - Company counsel should always let the employee know the purpose of the interview and make clear they represent the company and not the employee. I am not sure what misjudged means in the context of your question. If you are unsure about what just happened you should consult counsel. Many attorneys offer a free consultation for 15 minutes or so and properly explained to an attorney you might better understand at least what occurred and whether you should/should not be concerned.

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  • Sued by National Collegiate Trust? Is it too late?

    I've just checked my credit report for the first time in over a year and noticed I had a court judgement on my record and it's from National Collegiate Trust. It was filed in April of 2014 and I had no idea. Is it too late to do anything about this?

    Benjamin’s Answer

    A motion for New Trial and to Set Aside the Default Judgment would normally be something to discuss with your attorney after a default judgment against you. Depending on how you were served, options may still exist to file a Motion for New Trial. But, if a Motion for New Trial is no longer an option, then you may look into a Bill of Review with your attorney. Many suits filed by this Plaintiff are dismissed on a multitude of procedural grounds. You may have had a meritorious defense to the suit; there are many possibilities. Don't waste any more time. Go see any attorney right away.

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  • Can an H1B holder start a non profit and be an unpaid volunteer?

    I am currently on H1B visa with an employer and would like to start a non-profit, while still employed. I would like to be in a position with the most decision-making power on it, but I have no intentions of getting paid - just volunteer my time. ...

    Benjamin’s Answer

    This is a rather complex question and the short answer is "it depends". First, I am not an immigration lawyer, but i am quite familiar with nonprofits. This question does come up a lot and I don't believe current immigration regulations will allow you to "work" for anyone other than the employer(s) who sponsored your H-1B visa. From the facts you stated, you indicated you would not be paid, but the question is also whether you are nonetheless performing "work" for the the nonprofit. Generally speaking, I believe that United States Citizenship and Immigration Services (USCIS) considers any type of engagement for which somebody, under normal circumstances, would be paid as "work." So, for example, if you volunteer to help at a nonprofit function, that would not be considered work, but if you ran the nonprofit as its Executive Director, ordinarily a paid position and one of significant day-o-day responsibility for managing the affairs of the nonprofit, it probably would be considered "work" even though you were not actually paid. So, its not just that you are not accepting pay, its what you are actually doing for the nonprofit that also matters. Because so much is at state with your H-1B, I strongly suggest you consult an immigration attorney first, then a nonprofit attorney second. Keep in mind with my response, I realize you would still technically be working FT for your H-1B sponsor, but that alone may not be enough to keep you out of trouble.

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  • Founding US non-profit from overseas

    Is it possible to start a US non profit from overseas? are there any US residence/citizenship requirements?

    Benjamin’s Answer

    The formation of a non-profit entity, most often a nonprofit corporation, is governed and controlled by state law. Subsumed under this would be any qualifications as to the Board of Directors (BOD), who would usually control such an entity. I cannot speak to all states, but most states that i am aware of do not require a Director (a member of the BOD) to be a U.S. Citizen. The USA Company would then file for federal tax exempt status under the application section of the IRC. Public Charities, for example, would file under the oft cited Section 501(c)(3) using either IRS Form 1023 EZ or 1023 depending on projected annual revenues and assets. Some states have greater restrictions on nonprofit corporations than others and so whether you form your company in California or elsewhere should be discussed with your attorney in light of your anticipated mission.

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  • I took and LLC name and a fired employee is using my name all over the internet to direct business to his site. Stolen 2 accts

    How do I stop him from using my name

    Benjamin’s Answer

    Under Texas Common law, palming off is the use or simulation by someone of the name, symbol, or device of a business rival in such a manner as is calculated to deceive and cause the public to trade with the second when they intended to have traded with the first. The remedies for unfair competition include injunctions and monetary damages including lost profits and punitive damages.

    As my colleagues have indicated, you should immediately seek the advice of an attorney with experience in both business law and intellectual property rights. The AVVO directory is a good place to start.

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  • Can my wages be garnished for a credit card debit that is 10 years old. credit collector bugging me everday.


    Benjamin’s Answer

    My colleagues have all provided great advice. You would do well to speak to a Consumer Law and if you need to find one using the AVVO Directory is a good place to start or also check Nation Association of Consumer Advocates (NACA).

    In Texas, your wages may not be garnished by creditors except for child support, alimony, taxes, and student loans. Therefore, if you (a) live and (b) work in Texas (and your wages are paid in Texas by the payroll service), then garnishment is unlikely to be an option even if an ordinary creditor had a legitimate debt.

    These matters can get complicated, especially your rights to sue for violation of state and federal debt collection laws. Do consider seeing a Consumer law attorney to discuss your problem. In most cases, possible causes of action (the right to sue for a violation of the law) also have their own statues of limitation, so don't want to get qualified legal counsel or you could jeopardize your rights.

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  • Can the trustee convert my chapter 13 bankruptcy to another chapter involuntarily?

    I just noticed a funny entry in the ndc website: "TRUSTEE FEE - INITIAL CONVERSION". There is a pending dismissal motion by the trustee as well as a motion to modify by myself. This came after the trustee claimed the original payments would not...

    Benjamin’s Answer

    As stated by my colleagues, its is best to schedule an appointment to speak to you own attorney. He or she will be intimately familiar with (a) the bankruptcy process and (b) what is going on in your case. I know sometimes is seems easier to use AVVO an AVVO is a great resource, but nothing beats the advice of your own attorney.

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  • Texas LLCs and Reverse Piercing?

    I am currently working off arrears from unpaid Federal income taxes from the past 5 years. I already went through an IRS bank levy of a personal account about 2 years ago. I now wish to start a small personal business, and from an operational poin...

    Benjamin’s Answer

    • Selected as best answer

    This is a rather complex issue and I suggest you speak to a business law attorney also familiar with tax issues associated with LLCs. The information below reflects merely my view and is a very simplified if not overly simplified explanation of the legal issues touched on in your question.

    In the most general of terms, state law will control whether the IRS or any creditor has the right to LLC assets. In general, the answer is that creditors of an LLC member have no rights to the "assets" of the LLC. They may be able to intercept payments the LLC makes to a member through what is known as a charging order or other means.

    With respect to the IRS, they might say that the entity is a disregarded entity, and since you are the only owner of the company, they have a right to levy, but the law does not support this argument and this position really conflates two completely separate principals of the law that are not related

    The IRS must look to state law to determine whether a person has an ownership interest in any particular asset. Aquilino v. United States, 363 U.S. 509 (Sup. Ct. 1960). If state law does not vest an ownership interest in an asset in favor of the person who owes the tax, the IRS cannot seize that asset. But, not everyone working at the IRS understands the law in detail and a zealous revenue officer may go after your accounts.

    Could the IRS attempt to levy the LLC bank account? Sure. Would they be correct in doing so? Assuming the LLC was run properly and not as a personal piggy bank, then the IRS would not, in my view, be correct in doing so. Could the IRS garnish your wages? Yes, if the LLC is paying you a salary. They could also collect as against any distributions made by the LLC to you on account of your ownership.

    I strongly recommend you speak to an attorney and have one properly advise you in detail on these issues. There are many great attorneys in Houston and elsewhere in Texas hat are experienced in dealing with these issues. The AVVO directory is a good place to start in my opinion.

    Best of luck.

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  • Local moving Business

    hello, I am planning to start moving business in Texas. I am trying to know whats the requirements to be a legal moving company in texas? Thanks

    Benjamin’s Answer

    Just a few tips to keep in mind for new commercial moving businesses:

    1. Select the entity type (e.g., S-corp or LLC are common, with LLC being more so of late).
    3. Texas requires you to carry at least $300,000 in auto liability and $5,000 in cargo insurance.
    3. Contact your Department of Transportation to obtain a DOT number.
    4. Texas also requires that all for-hire household goods movers register with the Texas DMV's Motor Carrier Division.

    The Dallas Bar Association is good place to find an attorney or the AVVO Directory. If you need more information, many firms including ours offer free consultations. I would not suggest you doing this yourself. Best of luck.

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