.jpg)
Fwd: Can a "cancelled" LLC countersue if it's been sued?
Make that the former members are the successors in interest to the lll.
Sent from my iPhone
On Apr 12, 2013, at 7:53 PM, Mark Jessee wrote:
> If the llc was dissolved the firmer members are the successors in interest of its claims. Take a look at Rutter corporations guide on dissolutions if you have not already.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On Apr 12, 2013, at 7:45 PM, Holly Roark wrote:
>
>>
>> Do they cross-complain on their own behalf or on behalf of the LLC? The claims is a 17200.
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> holly@roarklawoffices.com **primary email address**
>> 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.**
>>
>>
>>
>> On Fri, Apr 12, 2013 at 5:52 PM, wrote:
>>>
>>>
>>> 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 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 you.
>>>
>>> ---------- Forwarded message ----------
>>> 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 countersue for 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, but our 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
>>> 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 **primary email address**
>>> 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.**
>
>
The post was migrated from Yahoo.
If the llc was dissolved the firmer members are the successors in interest of its claims. Take a look at Rutter corporations guide on dissolutions if you have not already.
Mark Jessee
Sent from my iPhone
On Apr 12, 2013, at 7:45 PM, Holly Roark wrote:
> Do they cross-complain on their own behalf or on behalf of the LLC? The claims is a 17200.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> 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.**
>
>
>
> On Fri, Apr 12, 2013 at 5:52 PM, wrote:
>>
>>
>> 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 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 you.
>>
>> ---------- Forwarded message ----------
>> 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 countersue for 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, but our 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
>> 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 **primary email address**
>> 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.**
>
>
The post was migrated from Yahoo.
Do they cross-complain on their own behalf or on behalf of the LLC? The
claims is a 17200.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
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.**
On Fri, Apr 12, 2013 at 5:52 PM, wrote:
> **
>
>
> **
> 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 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 you.
>
> ---------- Forwarded message ----------
> 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 countersue for 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, but our 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
> 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 **primary email address**
> 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.**
>
>
>
>
Do they cross-complain on their own behalf or on behalf of the LLC? The claims is a 17200.Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
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
The post was migrated from Yahoo.
Good point, but there is an allegation of alter ego liability so if they
default the LLC, they can use it against the principals (who were sued
anyway for their personal guarantys.)
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
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.**
On Fri, Apr 12, 2013 at 6:32 PM, Leventhal Law Group, P.C. wrote:
> **
>
>
> If wound up and closed then why defend, their should be no assets!
>
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
> On Apr 12, 2013, at 5:39 PM, "Holly Roark" wrote:
>
>
>
> 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 you.
>
> ---------- Forwarded message ----------
> 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
> countersue for 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, but our 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
> 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 **primary email address**
> 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.**
>
>
>
>
Good point, but there is an allegation of alter ego liability so if they default the LLC, they can use it against the principals (who were sued anyway for their personal guarantys.)
holly@roarklawoffices.com**primary email address**
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
The post was migrated from Yahoo.