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  2. RetiredinVA

    AxonHCS: Possible Fraudulent Conveyance

    Once again, hypothetical questions, with absolutely no factual context can only lead to speculative, and probably useless, responses. If your factual basis is hidden behind a link you will find few people here that will open your link. Note below that only gif, jpeg, jpe, jpg, and png files can be attached to messages. But, I will say that mere speculation is not going to convince many judges to act.
  3. Today
  4. MGSACS

    P.O.D.

    The court blocked the account on request of the professional guardian and my attorney. The final report was submitted by the guardian, which stated there may be reason to believe the funds should have been distributed to my father's estate. The account remains blocked and now we go into probate.
  5. esrotica

    AxonHCS: Possible Fraudulent Conveyance

    It is my speculation that AxonHCS might try to open operations under a different outfit to avoid any potential penalties. If this is known at this time, could there any steps that might be taken in order to prevent it? AxonHCS
  6. Yesterday
  7. chertile

    possible s corp bankruptcy

    Thank you. I do not truly know, but so far all credit cards & correspondence has been in the name of the corporation only.
  8. atx3314

    toxic mold in apartment

    The apartment management has known about the leaks for over a year. Where there is moisture there is probably mold so they knew that. Mold testing was only done a week ago after I threatened with legal action. So they have known about the leak, only thing they tried to do to repair was paint over
  9. RetiredinVA

    toxic mold in apartment

    Then it may be difficult to hold the landlord liable for not correcting the mold problem.
  10. I'm sorry but there is simply no way for us to explain something a judge did or thought.
  11. atx3314

    toxic mold in apartment

    Mold was discovered a week ago when mold test was done.
  12. knort4

    toxic mold in apartment

    It's a shame you didn't inquire about this sooner, as there is a remedy available. As soon as you discovered the mold, this could be considered to be an uninhabitable living condition. Consult with a landlord/tenant law attorney in your area to find out your tenant rights in Texas. Ask a landlord/tenant attorney what your rights are--can you withhold paying rent or ask that rent payments be suspended for a few months while the repairs should have been done, and can your attorney negotiate for you to be placed in a hotel/motel room temporarily (with the expense paid by the landlord) until the repairs are finished.
  13. Tax_Counsel

    Private arbitration unconstitutional?

    Uh, no they don't. Consumer arbitration is one of the things they do, not the only thing. Note my use of the word "just" in my previous reply. That's your opinion and you of course entitled to that. I see nothing in the case law that suggests the courts agree with you, however. The fact is that the parties to the arbitration pay the arbiters. Congress knew that then it passed the FAA. So you need more than just that to show bias. I get that you are anti-arbitration. That's quite clear. But not all arbitration is bad. If you push all dispute resolution to the courts, the courts will be even more bogged down than they are today and if you think it takes long to get court decisions now, it'll only get worse if you do that. Unless, of course, you think the public would support a significant increase in taxes to fund more courts to deal with the work they do. So far, there hasn't been the support to do that for courts that are already overloaded. My preferred way to deal with the problem is not banning all arbitration. That's not needed to deal with the problem of arbitration firms being potentially biased towards large corporations in consumer disputes. Instead, address that particular problem rather than throwing out all arbitration, which if you did that would end commercial and purely individual arbitration cases, too, and those don't raise the same problems.
  14. adjusterjack

    possible s corp bankruptcy

    I don't know what kind of records you kept or how you would check this in advance of a lawsuit but when you applied for the credit cards in the name of the business you might have given a personal guarantee without realizing it. Most people don't read the fine print to their eventual detriment. It's possible that any lawsuit would list you as an individual along with your business. Writing and calling isn't going to stop the dunning or a lawsuit so, realistically, why bother? Bankruptcy is premature. If you never get sued it won't be necessary if you don't mind the hassling. On the bright side, your SS is exempt from judgment. There are several other exemptions from judgment. See: https://www.thebankruptcysite.org/exemptions/georgia.html And there is some protection for your SS benefits while in your bank account: http://www.nclc.org/images/pdf/older_consumers/consumer_concerns/cc_protecting_fed_benefits.pdf I can't tell you what to do, it's your decision. Above is not legal advice just helpful comments.
  15. I owned a very small construction delivery s corp from '89 to '12 when the state dissolved it for lack of yearly fee which I found out about in '17. I am the only employee since '08 & continued as a sole proprietor since. Business was decimated in great recession as customers in '08-'09 didn't pay & then almost no business. Stuck with debt that built until '12. Managed to pay off all debt except 2 credit cards. In '11 or '12 called Capitalone & told them I couldn't pay the $14,000 & they agreed to take payments of 200/mo. & do a write off. The payments were made every month but decreased over the years. I retired in '17 on $1061 social security & a few small deliveries. I finally missed the payment in Nov. '18 which they immediately sent to collections for $11,400. Got my 1st inquiry from that firm yesterday. Second credit card was Lowes for $14,500. I have kept this card current by paying interest each month, but now will not be able to pay that any more. In less than a month I will be hearing from their collection folks. Both cards are in the name of the incorporated corporation as business accounts. The corp had/has no assets in '12 or now. Should I write/call them that the corp does not exist, wait til lawsuits are filed & then state entity doesn't exist, file bankruptcy for the corp against both, let them get a default judgement & try to collect versus a nonexistent or what?
  16. RetiredinVA

    AxonHCS: Possible Fraudulent Conveyance

    If there is a conveyance and it can be proven to be fraudulent, it can be set aside. Aside from that, with no facts given, it is relativel impossible to say if the conveyance you are suscpicious about can be enjoined. BTW, I am not clicking on any links.
  17. stebbinsd

    Private arbitration unconstitutional?

    Uuuuh ... yes they do! https://www.adr.org/sites/default/files/Consumer Rules.pdf Page 1: "CONSUMER ARBITRATION RULES" The key word, there, however, is "used correctly." If big businesses can simply take their dispute resolution business elsewhere whenever they aren't getting results that please them, then the arbitration firms have a clear financial conflict of interest. You have to evaluate the AAA independently from NAF? Well, unless AAA is completely financially independent of big businesses and doesn't stand to lose even one dime if big businesses suddenly decide to stop using them, then there's a financial conflict of interest. It's as simple as that. Even if they "operate" differently than the NAF, even the slightest financial conflict of interest is grounds to vacate the award. A financial stake in getting the big businesses to come back to you is a financial conflict of interest, period. No amount of "operating differently" is going to change that. I don't see what is so confusing about this. A conflict of interest is a conflict of interest.
  18. Tax_Counsel

    Private arbitration unconstitutional?

    No. Not all arbitration firms or arbitrators operate the same way. Moreover, you have to look at each case they handle individually. The AAA doesn't just do arbitrations for big business vs consumers, for example. And the AAA is not the NAF; you cannot assume that findings applicable to the NAF are equally applicable to the AAA. That's like saying all the cars made by GM are like the cars Toyota makes, and clearly that's not the case. You have to evaluate each firm on its own merits in the various settings in which they operate. Not all arbitration situations result in the kind of bias that concerns you. Used correctly arbitration can be an effective and less expensive way to resolve at least some kinds of disputes. Thus, as I said before, the better way to deal with that in the consumer setting is to get Congress to amend the FAA to deal with that problem.
  19. stebbinsd

    Private arbitration unconstitutional?

    https://www.califcreditlaw.com/2008/04/national-arbitration-forum-sued-san-francisco-city-attorney/ That was in 2008. Here we are, a decade later, and the only thing that seems to have changed is that the big businesses have switched in droves to the American Arbitration Association, rather than NAF. There is no indication that the AAA has any less of a conflict of interests. So couldn't the AAA - and by proxy, all private arbitration firms - be similarly "blackballed" because they habitually violate 9 USC § 10(a)(2)?
  20. stebbinsd

    Private arbitration unconstitutional?

    Yes, but the FAA also explicitly has a provision saying that an arbitration award can be vacated if there is evident partiality from the arbitrator. The question is ... couldn't this be established by default if the arbitration firm has a financial conflict of interest enticing it to side with big businesses?
  21. There is an action being brought against a plaintiff (AxonHCS) that I suspect may try fraudulent conveyance, is there anything that can be done in advance to prevent this? AxonHCS
  22. reenzz

    toxic mold in apartment

    The first thing any judge will ask is why you continued to live there and risk your sons health and why you did not move the crib away from the leak.
  23. Last week
  24. adjusterjack

    Possession of meth found on roadway

    Sure. Then that's something his lawyer should be addressing at his trial.
  25. Amy Ralls

    Possession of meth found on roadway

    Yes. My husband is locked up in Wayne County Mississippi for felony possession of methamphetamine after going through a checkpoint. The officer who had personal dislike for my Husband was harassinghim and then suddenly bent down and picked up a small bag of white powder off the road and accused him of throwing it down there! It was never in his possession
  26. Amy Ralls

    Possession of meth found on roadway

    Yes can my Husband be found guilty of Possession of Methamphetamine while in a roadblock?
  27. interesting, do you have a question
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