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Hm, that makes sense. The specific trust in question was first created in California in 1979, amended in 1983 when California adopted new legislation affecting trusts, and then later moved to Illinois when the beneficiaries moved there. The ruling argues that only federal law applies when considering whether a trust is a business trust, but the question I asked is more about how liability is assigned or works for non-business trusts, so I suppose that devolves back to the state/jurisdiciton in question, although I was assuming that there was a blanket principle at play. Something like "generally trusts can't incur debts beyond their assets" or "generally trusts that have debts beyond their assets get sued and a court has to decide how to divide assets and pay back creditors without the benefit of bankruptcy rules" or something like that.
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Feb 26, 2020 21:14
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Leperflesh posted:I am reading this ruling: https://www.leagle.com/decision/inbco20190221935 there's more types of bankruptcy than just chapter 11. chapter 11 is to reorganize a business. it may be a decision that turns on if they're eligible for chapter 11 specifically. edit: nope, appears not. it appears that the decision turns on if a non-business trust is a "person" eligible for any sort of bankruptcy relief. evilweasel fucked around with this message at 21:20 on Feb 26, 2020 |
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Feb 26, 2020 21:18
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How would handling of debts work if you were no longer a customer of a financial institution by their choice? Like if you went into to your local credit union and went on a racist/violence threatening laden tirade and in response they wish to jettison you as a customer. If you had both assets and liabilities with them, would they jsut have to sell those debts to another institution like any other debt? Say like they also underwrote your mortgage, this wouldn't be "one neat trick to get a free house", but if they don't want you as a customer anymore, they have to find someone else to sell the debt to? I assume they couldn't un-mortgage your home and kick you out/put it back on the market.
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Feb 27, 2020 16:10
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Lol that’s quite a “hypo”
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Feb 27, 2020 16:22
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toplitzin posted:How would handling of debts work if you were no longer a customer of a financial institution by their choice? its been a while since i reviewed my mortgage documents but i suspect that threatening employees of the mortgage servicer so much that they cannot safely service your mortgage is an event of default (and if it's not, well, they'll declare it's one anyway for violation of the implied covenant of good faith and fair dealing), and then yes your house is un-mortgaged and unless you come up with the cash quickly its their house
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Feb 27, 2020 16:32
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Phil Moscowitz posted:Lol that’s quite a “hypo” I mean, I live in the south, racist/angry rants at people is not really that hypo.
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Feb 27, 2020 16:35
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Nah it becomes 'from this point on we will only deal with you by post/email'.
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Feb 27, 2020 16:39
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I got pulled over in Virginia for 46.2-1078.1 (B): driving a moving motor vehicle in a highway work zone while holding a handheld personal communications device The officer gave me a court summons Why a court summons rather than a ticket and fine? And could I get demerit points on my driver’s license? Looking into it, they can give you points in Virginia for texting while driving, but the court summons explicitly says I was only holding my phone while driving through a work zone. I have a Maryland driver’s license and this is the first time I’ve gotten this violation SgtSteel91 fucked around with this message at 17:27 on Feb 27, 2020 |
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Feb 27, 2020 17:24
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(It’s extremely doubtful the bank you got your mortgage from is still servicing your mortgage)
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Feb 27, 2020 17:29
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SgtSteel91 posted:I got pulled over in Virginia for 46.2-1078.1 (B): driving a moving motor vehicle in a highway work zone while holding a handheld personal communications device The Virginia Uniform Summons is the form that is used for all misdemeanor and traffic offenses. I suspect yours is marked that appearance is not necessary if you prepay the ticket. Contact the court to find out how to prepay if the officer didn't give you the payment sheet. That code section didn't exist when I was a cop so I don't know if they will assign you points or not. The DMV is the organization that assigns points in VA.
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Feb 27, 2020 18:14
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SgtSteel91 posted:I got pulled over in Virginia for 46.2-1078.1 (B): driving a moving motor vehicle in a highway work zone while holding a handheld personal communications device https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1078.1/ holding a phone while going through a work zone is, under this law, considered a worse offense than texting and driving outside a work zone (as it should be). so it's not an "only", its saying that you were doing the bad thing where you don't get a lower fine as a warning the first time.
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Feb 27, 2020 18:20
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evilweasel posted:https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1078.1/ So I probably will get demerit points on my driver’s license, then SgtSteel91 fucked around with this message at 18:29 on Feb 27, 2020 |
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Feb 27, 2020 18:26
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Let's say you're a US attorney. From an ethics/bar perspective, assuming that you are making true statements, are there any reasonable circumstances under which you could get sanctioned by your state's bar and/or benchslapped for making any of the following statements: 1. I can confirm X's statement that they are my client 2. [after leave to withdraw is granted by the court] X is no longer my client 3. X is not currently my client 4. X has never been my client (Edit: I originally wrote #1 as "X is my client", but the obvious one here is if you are representing X as a John Doe as is commonly done for porn-sharing cases (e.g. Prenda/Malibu) in which case divulging X's identity is an obvious fuckup) This is a 100% hypothetical, and your answer does not have to cover more than one jurisdiction. thepopmonster fucked around with this message at 20:39 on Feb 27, 2020 |
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Feb 27, 2020 20:30
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thepopmonster posted:Let's say you're a US attorney. Saying nothing at all is probably a competence ethics violation.
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Feb 27, 2020 20:32
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How does that work interstate? Are there states that don't use the demerit system, or are on a different scale? If I were never go back to the state that issued the hypothetical points, does it legally matter? Obviously there is the insurance impact, so there is a PRACTICAL effect of it, but would My State DMV give two fucks about Neighboring State's system?
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Feb 27, 2020 21:04
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thepopmonster posted:Let's say you're a US attorney. Is your question whether you are allowed to tell people whether or not you represent someone?
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Feb 28, 2020 00:11
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US Attorneys represent the United States Government at all times anyway Ok serious answer, anything in the public record like an appearance or withdrawal, is public unless the case is sealed for some reason, like a minor’s case or a criminal indictment under seal, or whatever. Sometimes you cannot ethically disclose representation, for example beneficiaries of a trust or members of an LLC who direct you to maintain confidentiality. Unless you owe a higher duty, your client instructing you not to disclose your representation controls.
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Feb 28, 2020 00:49
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“Is not currently my client” reveals that they previously were which can be a problem in some circumstances. Generally speaking, you’re safest not divulging representation info unless it’s a categorical no (“have never represented”) or you have client permission. NY at least more or less goes by: “If the client has not requested that the lawyer keep the client’s name confidential, then the lawyer must determine whether the fact of representation is generally known and, if not, whether disclosing the client’s identity is likely to be embarrassing or detrimental to the client, which will depend on the specific facts and circumstances of the representation.” So, eg, if you’re Michael Avenatti, disclosing any non-widely known client name is no good because the fact they were dumb enough to hire you is embarrassing.
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Feb 28, 2020 00:58
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How much does whether lawyers actually get sanctioned for unethical behavior vary from state to state? Is there a state that has way more bad lawyers because they don’t enforce their ethical rules?
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Feb 28, 2020 02:24
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I'm pretty sure I want to evict my roommate, but the legal situation is pretty complicated so I thought I'd ask for advice. I live in Portland, Oregon, which about a year ago passed a no no-cause evictions law. He's been living here for years with my brother as landlord in a sort of sub-lease. My mom owns the house. I decided to move down here, and my brother said he wanted me to take over essentially being the landlord. The tenant in question has lived here for years, but without any kind of actual agreement on paper. He rents the garage (also no paperwork), and runs an extension cord out there and runs some kind of weird import/export business. I'm pretty sure he has no business license and the business is actually quasi-illegal (importing for resale without declaring etc..), or at least lacking in proper licenses and such. He also does some of his "crafting" in the living room (he makes like artisanal wooden spoons and such, it's very Portland). Our other roommate is a long-time friend and the tenant in question insists on harassing him (hovering near him talking to him, etc..). I finally caught him at it because he didn't realize I was home and he started doing it (he waits till I'm not in the house to pull stuff). When I confronted him about it he stalked off. Then he got in my face the next day because I said I didn't like him. When I told him not to talk to me anymore and just communicate with me in writing, he waited a day and then posted a manifesto on the refrigerator. I have some sympathy for the guy, he clearly has some real mental illness and the system is failing him, but I don't want my house to be a charity house. I used to work for a non-profit that ran group homes for the severely and persistently mentally ill, and his behavior reminds me far too much of those people. So I was thinking because he has no actual lease he probably has an implied month to month lease, but I'm not sure. I was thinking of making him sign a month to month, putting on a 9.9% rent increase, making him pay a pet deposit and a room deposit and last months rent and a deposit on the garage and see where we end up (he has no deposits currently). I also don't think I have to rent the garage to him or continue to rent it to him, or that I can just arbitrarily increase the rent on the garage, I'm assuming it's not covered under the law that controls rent price increases in Portland. I also don't want his poo poo in the living room, and I don't want him doing any of his weird "crafting" poo poo in the house. My brother let him have a desk in the room because he rents a very small attic space, but it's basically overrun with weird poo poo, cereal boxes and stuff (I think he's a low-key hoarder). Maybe some goons will pile into the thread to tell me I'm a bad person for wanting to evict a crazy person and possibly make him homeless or dead, which is a fair perspective, but I don't want to live with the guy, he doesn't see a counselor or do anything to try to deal with his mental illness just basically rants about how everyone else is the problem, and frankly, I worry about my dog, that he'd hurt her or something, so before this gets too litigious I think I'm going to stash her at my mom's, but I just don't want to live with someone who means I can't have my dog in my own home.
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Feb 28, 2020 08:08
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pseudanonymous posted:I'm pretty sure I want to evict my roommate, but the legal situation is pretty complicated so I thought I'd ask for advice. I live in Portland, Oregon, which about a year ago passed a no no-cause evictions law. Goons are gonna pile into the thread to tell you to get a loving lawyer
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Feb 28, 2020 08:52
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sephiRoth IRA posted:Goons are gonna pile into the thread to tell you to get a loving lawyer Nah op, just get a regular lawyer. But do it like, asap. Then do a loving intro course to landlording or some poo poo, jesus.
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Feb 28, 2020 09:43
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It sounds like he's not actually doing anything wrong or in violation of a lease that doesn't exist, and you trying to force him out is exactly the kind of slumlord bullshit the law was designed to prevent. Consider living in a house without pre-existing tenants you don't like?
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Feb 28, 2020 10:38
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Javid posted:It sounds like he's not actually doing anything wrong or in violation of a lease that doesn't exist, and you trying to force him out is exactly the kind of slumlord bullshit the law was designed to prevent. Consider living in a house without pre-existing tenants you don't like? Actually he's possibly a houseguest/lodger and can be evicted without cause with a 30 day notice period because while tenant protection laws vary in strength from place to place, very few jurisdictions are dumb enough to try to tell people they can't choose who is allowed in their home. OP: talk to your mum and your brother and work out exactly what the history, arrangement, and extant paperwork is. Then go talk to a lawyer. Attic hoarder bum might be a guest, a lodger, or a tenant and there's lots of unknown facts and specific bits of Porland law that will matter here. Do not talk to attic bum about this, do not create new formal agreements without legal advice because you will just create mess for yourself that will cost more later to unpick. Work out what's true, go to a lawyer, when you talk to the lawyer tell the whole truth, including about where you are not sure about things or where things might be bad for you, don't speculate about stuff you have no evidence for, and ask for the straightest line to getting rid of attic bum. But talk to a lawyer. You need a landlord/tenant attorney, don't worry about getting a good one because this is a bread and butter case that someone fresh out of law school should be able to do.
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Feb 28, 2020 12:53
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Javid posted:It sounds like he's not actually doing anything wrong or in violation of a lease that doesn't exist, and you trying to force him out is exactly the kind of slumlord bullshit the law was designed to prevent. Consider living in a house without pre-existing tenants you don't like? Spoon Man Account Spotted
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Feb 28, 2020 15:25
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Alchenar posted:very few jurisdictions are dumb enough to try to tell people they can't choose who is allowed in their home. My juridsiction is one of those places, because landlords were being such pieces of poo poo about getting around rent increase laws by ending leases that the government eventually went "gently caress it, you all lose your right to do end leases without cause".
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Feb 28, 2020 15:28
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Oregon recently changed a bunch of landlord/tenant laws this past year, mostly to the tenant's favor (including capping rent increases to 10%), so it's absolutely best to talk to a lawyer. I was at lunch with a friend last week whose dad owns a property and she was put in charge of evicting the woman that lives there. I gave her a lot of poo poo because the only reason she was evicting the woman was because her brother needed a place to stay, so I went into the whole "landlords are pieces of poo poo" spiel and got an earful about how terrible tenants are and how Oregon's recently given tenants more rights. It was a whole ordeal to properly evict based on the newer laws, so with that in mind, lawyer. Landlords and rental agencies are still loving scum. Very happy I "own" my house.
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Feb 28, 2020 15:32
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sephiRoth IRA posted:Goons are gonna pile into the thread to tell you to get a loving lawyer to summarize why it's very important to get a lawyer: 1) any law dealing with real estate is famously complicated because that poo poo goes back thousands of years and is loving full of bizzaro-technicalities that made perfect sense to a baron in 1043 and do not today 2) landlord-tenant law is very very location-specific, down to the city. nobody's giving you good advice on how it generally works 3) for a large variety of very good reasons it is difficult to evict someone from where they live, and has a lot of protections built into the process that may or may not usually be honored, but if they make an issue of it will tie your poo poo up for a long time trying to fix whatever mistakes you made 4) there is no way to actually evict someone without going through a legal process, hence you need a lawyer to do that
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Feb 28, 2020 15:44
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OP have you considered learning to play the drums
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Feb 28, 2020 15:51
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Bad Munki posted:OP have you considered learning to play the drums He wears giant headphones all day long, so I don't think that I could like... drive him out via drumming.
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Feb 28, 2020 15:53
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pseudanonymous posted:He wears giant headphones all day long, so I don't think that I could like... drive him out via drumming. Start making artisanal garottes, stilettos and clubs.
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Feb 28, 2020 15:58
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pseudanonymous posted:He wears giant headphones all day long, so I don't think that I could like... drive him out via drumming. Oh no, I'm definitely not suggesting you try to create a hostile environment to drive him out, but I do think you underestimate the magnitude of noise even a modest trap set can generate.
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Feb 28, 2020 16:00
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How much does he charge for the spoons?
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Feb 28, 2020 16:13
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Louisgod posted:How much does he charge for the spoons? I don’t know how much do these seem worth? 
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Feb 28, 2020 16:17
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You probably shouldn't be posting pics of your tenant's poo poo. I take it you haven't contacted a lawyer yet?
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Feb 28, 2020 16:27
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I can't get SpooonMaaaaaeeuuawwhnn out of my head
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Feb 28, 2020 16:50
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There are worse conditions to be afflicted with.
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Feb 28, 2020 17:07
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I'm the wizard hat that takes up 1/10th of my business working space
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Feb 28, 2020 17:13
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pseudanonymous posted:I don’t know how much do these seem worth? Depends, does he imply that he does it the way his grandfather did it "in the old country" or some other trust fund hipster-bait? E: owlhawk911 posted:and post *your* workstation as exhibit b This too. As it is, don't cheat and clean it up then take the picture. Volmarias fucked around with this message at 17:36 on Feb 28, 2020 |
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Feb 28, 2020 17:32
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spoon man comes off way better than you do here, op. my official legal advice is that you leave that poor man to the life he's built and wander the land in pursuit of understanding and post *your* workstation as exhibit b
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Feb 28, 2020 17:34
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