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Can a "cancelled" LLC countersue if it's been sued?
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.
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.**
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, 2013Subject: Can a "cancelled" LLC countersue if it's been sued?To: Bankruptcy - Off Topic <
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