Legal Question in Business Law in New Jersey

In a 50/50 business partnership, with no buy/sell agreement in place, where the partners can no longer peacefully coexist nor amicably resolve their ownership issues, and neither wishes to sell his share, my understanding is that the court will award the business to the partner deemed most fit to run the business.

Given that the seller will be paid over time, but only one partner has the collateral to back the promissory note, and considering all other things equal, does this likely represent a decided difference in the eyes of the court?


Asked on 10/10/12, 8:58 pm

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You are jumping the gun here. 90%+ of these cases settle and thus, you should just hire a lawyer and have him/her negotiate this out for you. It'll be much cheaper, trust me. Call me anytime.

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Answered on 10/11/12, 4:48 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

The business itself can serve as collateral. If you don't have an attorney already, I highly recommend that you seek one.

Fee free to contact me if you need help.

All the best,

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.


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Answered on 10/11/12, 5:29 am
Barry Gartenberg Barry F. Gartenberg LLC

To paraphrase H.L. Mencken, � For every question, there is an answer that is simple, neat and wrong. ---

That being said, the short answer is that a court will not automatically "award the business" to the litigant most "fit" to run the business. In shareholder disputes, courts have broad latitude to fashion remedies to fit the particular circumstances. I routinely handle such matters and welcome you to contact me to explore both litigation and non-litigation alternatives. Thanks.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 10/11/12, 8:20 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors.

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Answered on 10/11/12, 4:01 pm


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