Legal Question in Business Law in Florida

I am an owner of a business and am in a legal law suit. Can I sell my business while in the middle of a law suit?


Asked on 3/26/10, 1:06 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Yes, as long as your buyer is told.

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Answered on 3/31/10, 1:14 pm
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

By the term "sell," I assume you mean transfer to an unaffiliated third party in a negotiated transfer for fair market value. In that case, yes you can sell your business while in a lawsuit.

If you create an LLC that you own to sell the business to for $5, the opposing party can have that transfer set aside by the court and seize those assets. Under that scenario, the "sale" would be considered a fraudulent transfer because you would be preceived as trying to avoid your creditor.

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Answered on 3/31/10, 1:36 pm


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