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