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[-] ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY (15 replies)
3/16/2005 9:43:13 AM (2525 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Jay Duncan
3/16/2005 9:48:51 AM (3282 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY
3/16/2005 6:57:14 PM (3019 views)
WELL WELL WELL .... PPA - Lisa Ramsey/TX
3/16/2005 10:01:11 PM (3234 views)
Re: WELL WELL WELL .... PPA - Glenda Hodge/TN
3/17/2005 1:29:55 AM (3130 views)
Re: WELL WELL WELL .... PPA - Lisa Ramsey/TX
3/17/2005 10:19:41 AM (3202 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/17/2005 2:41:30 PM (3229 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Peggy Jacobson/ID
3/17/2005 6:14:59 PM (3193 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - SARAH CIRAOLO/NY
3/18/2005 11:15:10 AM (3116 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Judy Nisonger/CA
3/19/2005 12:19:04 PM (3084 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/19/2005 1:16:43 PM (3128 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Kevin Ahern/CT
3/19/2005 2:10:59 PM (3086 views)

Barbara,

You first should determine if they have filed for bankruptcy or closed their doors. If they have filed a petition for bankruptcy, all you can do is file a proof of claim with the bankruptcy court. As an unsecured creditor you will probably wind up with pennies on the dollar if you are lucky, and in most cases you will not get anything regardless of whether it is a reorganization or a liquidation...shades of the Bridgespan problem last year. If you try to sue them after they filed for bankruptcy, you may find yourself in contempt of the court's order for an automatic stay of proceedings.

In the future you may want to run a D & B on a new client before extending large amounts of credit to them. If they indicate that they would like more credit monthly, and you are not comfortable with the D & B results, you could ask them for security for the line of credit. You would have a financing agreement and a financing statement drafted, signed and properly recorded. This would make you a secured creditor in the event of a future bankruptcy.

If you were performing your services for corporations or LLC's and they have closed their doors, you can sue these business entitites. However, there will probably be little if anything left to satisfy the judgment if you win.This becomes harder to collect with the passage of time. You would very possibly spend more trying to collect than you would collect if you won the case.

There are other alternatives if the corporate officer/manager or the LLC's manager failed to observe the corporate/LLC formalities when they signed the contract. If someone has signed the agreement without disclosing the identity of the corporation or LLC or the representative capacity in which he signed (i.e. President,Secretary, Vice-president, Managing Member), he becomes personally liable to you for the work you did.

I just won a suit last month involving a contract in which the defendant failed to identify his LLC or his position as a managing member. He just signed his name, part of the LLC's name, and indicated that he was the owner.He now has to pay my client the judgment against which he thought the LLC protected him. His personal assets and home are subject to satisfaction of my client's claim. For reasons like this, I normally advise my clients to have a rubber stamp made up to disclose this information when entering a contract. In order to retain the protection of the corporate/LLC shield you need to both be properly filed and in good standing with the state. It also is criticle to make certain that you are disclosing both the complete identity of the company and that you are signing in your representative capacity when entering a contract.

There is also another alternative if someone co signed the contract in his personal capacity or as a guarantor he also becomes personally liable to you. However, this is a long shot unless you requested him to do so up front.

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Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - george Hubka/MI
3/21/2005 8:28:40 AM (3096 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Kevin Ahern/CT
3/21/2005 12:15:23 PM (3097 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Barbara Bennett/IN
3/21/2005 3:03:59 PM (3042 views)
Re: ANYONE KNOW WHERE THESE COMPANIES ARE???? - Lisa Ramsey/TX
3/21/2005 6:04:11 PM (3080 views)

[+] EXCUSE ME PLEASE - SOMETHING IS WRONG WITH THIS PICTURE! - Lisa Ramsey/TX (6 replies)
3/15/2005 10:05:56 PM (2407 views)

[+] Absolute Prop. Services Info ?? - george Hubka (10 replies)
3/15/2005 7:25:26 PM (2480 views)

[+] May I Suggest....?...? - Robb Grandon/OH (3 replies)
3/14/2005 11:43:15 PM (2219 views)

[+] HOME CONNECTS??? - monica froese/ME (5 replies)
3/14/2005 9:31:48 PM (2556 views)


Real Title Services


[+] Title Direct out of MN - Rachel Homer/OR (3 replies)
3/14/2005 6:59:43 PM (2393 views)

[+] ATM Corporation out of Coraopolis, PA - Douglas Johnson/MN (9 replies)
3/14/2005 4:49:40 PM (2391 views)

Texas folks - Spencer Kinsey/AR
3/14/2005 11:46:55 AM (1613 views)

[+] email replacing faxes? - Donna Grady/NC (9 replies)
3/12/2005 9:07:44 PM (2242 views)

[+] Need feedback - PLEASE!! - Michaela Urban/OH (9 replies)
3/12/2005 3:43:39 PM (2236 views)

[+] TitleWeek Debut... - Robert Franco/OH (2 replies)
3/11/2005 7:26:48 PM (2150 views)

[+] Anyone out there from bayou territory - Kevin Ahern/CT (9 replies)
3/11/2005 6:15:24 PM (2148 views)

Shellington Title Service - martha campbell
3/11/2005 5:41:08 PM (1687 views)

[+] York County Vermont? - Anne Gilbert/VT (1 reply)
3/10/2005 7:57:56 AM (2226 views)

[+] Electronic Recordings - Judy Nisonger/CA (23 replies)
3/9/2005 9:57:52 PM (2878 views)


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