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Legal Actions Against Don Check Cashing, Church, and Jane

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Added on  2019-09-18

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This letter outlines the legal actions that can be taken against Don Check Cashing, the church, Jane, and what will be needed to proceed with the bankruptcy. It also discusses the implications of bankruptcy on business and personal assets and the infringement of patent.

Legal Actions Against Don Check Cashing, Church, and Jane

   Added on 2019-09-18

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Dear Fred and Sally,Thank you for appointing me as an attorney to assist you in legal actions that can be taken against Don Check Cashing, the church, Jane and what will be needed to proceed with the bankruptcy As against DonOur legal defence will demonstrate that Don Check Cashing, neglected to act in a business sensible standard. In spite of the fact that the checks were composed to him, the signatories on the check were not the names recorded and it was also not your signature, is not genuine or forgery under section 1-201 under the Uniform Commercial Code[ CITATION USG5 \l 1033 ]. Jane was bookkeeper for the organization. Both you and Sally were the approved signatories for the organization. Jane produced a few checks payable to Don, to reimburse her betting obligation. A party's entitlement to uphold a negotiable instrument is defended by extortion in the factum, imitation, material change. In the event that Jane was not approved to sign on behalf of Fred and Sally, you won't be at risk for the check. Bank, will have explanations that the client doesn't advise the bank within specified time, so, bank cannot be obligated for the fabrication. Church As of Church it will be difficult to prove Church’ malafide intent. Again, the Church was the holder in due course and had no knowledge as to the forgery of check. But, under section 3-103(7), of Uniform Commercial Code, you and Sally could also prove that you were in maintenance of the business and took due care which an ordinary man is supposed to and this
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will help you, since, bank will initiate the refund for the loss in lieu of holding the depository bank being made liable for the failure to verify the check validity. Civil Claims Several checks were forged by Jane and written to Don. Jane has also violated fiduciary duties tobusiness, by embezzlements of funds and also fabricating statements, so she can be sued for the breach of fiduciary duty in the Court of Law and claim of damages is a plausible option. BankruptcyThe available forms of bankruptcy are outlined here, where in Liquidation, individuals give up non-exempt assets and in reorganization under Chapter 11[ CITATION USG3 \l 1033 ] , businesses are nothing but the restructured debt where debts are repaid with retention of assets and some creditors gets paid in full with interest. But, if filed under Chapter 7[ CITATION USG2 \l 1033 ] then there will be no discharge on debts, it is due to the fact that the business ceases to exist in this case. Implication of bankruptcy on business assetIf you choose to file a Chapter 7 bankruptcy then the whole of the business asset gets liquidates but, if Chapter 11 is chosen then renegotiating debt repayment subsides with a change on the entire corporate structure of the business. Implications of bankruptcy on personal assets
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