Legal Question in Construction Law in New York
LLC's and lawsuits
If I have a lawsuit filed against a business then they become an LLC how does that affect what I can recover from them?
1 Answer from Attorneys
Re: LLC's and lawsuits
It has no ultimate effect. The assets of the LLC will be exposed to claims against the predecessor. They may try to duck the liabilities but a skilled attorney, backed up if need be by a good forensic accounting firm (KPMG has an excellent reputation in this area) will trace the assets and nail them for it. The real beauty of that exercise is that the debt-ducking deadbeats get tagged for fraud, which puts them out of business to a great extent (can't get bonded, it's a vendexing event, and it can even be a diversion of lien law trust funds, which has been known to send people to jail).
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