What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful?
From: lawyer@gmail.com
To: Business associates: fredsallyorg@gmail.com
Subject: Legal advice
Date: 11 June 2017
Dear sir/madam
Re: Legal advice towards the embezzled funds.
Following the case that has been presentedto me regarding the embezzled assets from your company, I hereby give the following legal advice towards your case:
What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful?
The court can state that Fred and Sally had got adequate time to check over their checks but instead a large bulk of work was left to Jane and this might have resulted to forging out checks since the owners didn’t take their time to ensure that their assets were properly accorded for. The case can be unsuccessful. (Henning, 2004)
What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be successful or unsuccessful?
Fred and Sally should seek legal advice from the attorneys chamber in order ensure serious legal penalties are taken against Jane. A lawyer will give out legal advice to the affected party to prevent occurrence of such an activity. For instance the lawyer will ensure that the check that was given becomes an evidence to proof that Jane had tried to deliver it although it wasn’t successful the judge should determine the penalty that Jane ought to get.
What, if any, civil claims do Fred and Sally have against Jane based on her actions? Why do you believe they will be successful or unsuccessful?
Forgery is the appropriate civil claim that Fred and Sally can have against Jane. Jane’s guilt should be proved through checking the falsified documents by indicating both the false and legal significance. For this case study, legal importance can be noticed through the checks that have Jane’s signature and were signed by her. This will give enough evidence that the checks had been falsified because only Fred and sally had the responsibility of signing and being accountable for the business. Fred and Sally will win over the civil claim and they are supposed to be given restitution.
Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1). What form is most appropriate and why?
The types of bankruptcy that is available in this business case are chapter seven and thirteen bankruptcy. Through the legal perspective it can be identified that in this case study there is no difference between those who are the main business owners and other owners meaning. This indicates that there can be charges of an individual who has got debts from the company and his or her personal wealth can be taken as compensation, chapter seven bankruptcy states that the property that has been acquired should be taken for compensation unless the legal laws has exempted the process. The process should take at least six months from the initial dates of filing the case in order to get bankruptcy charges. Chapter thirteen indicates that it isn’t necessary for the accused person to issue out his or her wealth for compensation unless it has taken a time span of five years of the repayment period. After the accused is done with paying the debt, the case should not be continued. In this case study chapter thirteen should be considered because the business will not be closed or her assets taken. (Warren, 2006)
Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study 1). Explain which, if any, are subject to forced sales, liens, or forfeiture.
The implicative will vary depending on the chapter that had been filled. If the sole proprietors filled chapter seven bankruptcy, the properties should be considered as personal and not legal entities that are separate while they are being mentioned as bankruptcy. Assets that are none exempted should be taken and sold by bankruptcytrustee; this contains all the accumulated wealth such as machinery. This will automatically result to the closure of the business. If chapter thirteen has been filed out, no asset of the accused should be taken to repay the debts but instead the company is supposed to give the person a period of five years to repay the debt. The accused will ensure that she makes monthly payment to enable her complete her debt and at the same time continue with her business.
What legal recourse does Fred have against Bob for infringement of intellectual property rights Do you believe he will be successful? Why or why not?
Fred is supposed to file court orders to enable him stop Bob from the infringement process; this will be through court injunctions. Fred will be successful because the court always allows for financial compensation once a court order has been successful and the damages such as misuse of trademark will be addressed accordingly for instance stopping Bob to engage in any activity of the company.
I look forward to meeting you in the near future.
Sincerely,
References
Henning, P. J. (2004). Targeting Legal Advice. Am. UL Rev., 54, 669.
Kubasek, N Brown, Herron. D, Giampetro-Meyer, A, Barkacs Dhooge, L & Williams, C (2013), Dymanmic Business Law. 2nd ed. McGraw-Hill Education.
Warren, E., & Westbrook, J. L. (2006). The law of debtors and creditors: text, cases, and problems. Aspen Law & Business.
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