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Can a "cancelled" LLC countersue if it's been sued?
1. dissolved LLC can still be sued (Usually this is pointless)
2. members can defend if so desire and to the extent they received the
LLC's property interests at dissolution, they can crosscomplain.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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In a message dated 4/12/2013 5:39:31 P.M. Pacific Daylight Time,
hollyroark22@gmail.com writes:
I have spent hours online and a couple hours in the law library down towntoday and still cannot find the answers to my questions.
Can a "cancelled" LLC (wound up and dissolved) be sued?
Can a cancelled LLC (1) defend the lawsuit and (2) file a counter suit in its name? How about in the name of a principal member?
I would appreciate any guidance you can provide. Thank you.
Date: Wednesday, April 10, 2013
Subject: Can a "cancelled" LLC countersue if it's been sued?
To: Bankruptcy - Off Topic
I have the classic equipment lease case with an LLC with the accompanying 3 personal guarantys. The LLC was cancelled (not sure of the legal
difference between "dissolved" and "cancelled' but the Secretary of State website
says "cancelled"). LLC and 3 guarantors are sued. We want to countersuefor UBP (17200 Unfair Business Practices) but my concern is whether the
cancelled LLC can legally sue anyone. I have found conflictinf information on
this. I suppose I could sue in just the name of the guarantors only, butour main facts are that the cancelled company was duped into signing the
lease, so I'd want to be able to present that. I don't think the guarantors
would have standing to raise the fraud in the inducement issue with respect to
the LLC.
Can anyone point me in the right direction?
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
_www.roarklawoffices.com_ (http://www.roarklawoffices.com/)
Central District of California Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails directed to my gmail account.**
Holly Roark
Certified Bankruptcy Specialist*
_holly@roarklawoffices.com_ (mailto:holly@roarklawoffices.com) **primary
email address**
_www.roarklawoffices.com_ (http://www.roarklawoffices.com/)
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at _holly@roarklawoffices.com_
(mailto:holly@roarklawoffices.com) .
I only use gmail for my listservs, and am likely to miss private emails directed to my gmail account.**
1. dissolved LLC can still be sued (Usually this is
pointless)
2. members can defend if so desire and to the extent they
received the LLC's property interests at dissolution, they can
crosscomplain.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 4/12/2013 5:39:31 P.M. Pacific Daylight Time,
hollyroark22@gmail.com writes:
I have spent hours online and a couple hours in the law library down
town today and still cannot find the answers to my
questions.
Can a "cancelled" LLC (wound up and dissolved) be sued?
Can a cancelled LLC (1) defend the lawsuit and (2) file a counter suit in
its name? How about in the name of a principal member?
I would appreciate any guidance you can provide. Thank
Roark Date: Wednesday, April 10, 2013Subject: Can a "cancelled"
LLC countersue if it's been sued?To: Bankruptcy - Off Topic <
The post was migrated from Yahoo.