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An LLC is run by its Operating Agreement. There are numerous ways the Operating Agreement can provide protection to you from your heirs bad credit decisions (or your heirs from your bad credit decisions). For instance, the agreement may limit the admission of new members and can keep the manager(s) from admitting new members. It can also keep members from voluntarily transferring or encumbering all or any portion of their interests in the company. This with a right of first refusal will keep your heir from selling his membership interest to anyone but you. It also restricts the members right to receive profits, losses and distributions of money from the company. This and the right of first refusal gives you controlling interest in the company. Riverside Court Attorney - Lawyer - Gwynn Law Firm.
Relief From Stay Motions - The automatic stay is provided for in 11 U.S.C section 362. Its effect is to impose a wide-ranging prohibition on all activity outside the bankruptcy forum to collect prepetition debt from the debtor or to assert or enforce claims against the debtor’s prepetition property or estate property. The stay of a particular activity may be lifted by the court following application for relief from stay under 11 U.S.C section 362(d).
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