dissolution

“Where’s the Beef?” Says Appeals Court, Reversing LLC Dissolution

By Franklin C. McRoberts on October 30, 2017

Posted in Dissolution Basics, Dissolution Procedure, LLCs, Operating Agreement, Receivership

After more than two years in receivership, an appeals court gives a dissolved LLC a new lease on life because the petitioners “offered no competent evidentiary proof” why the entity should have been dissolved. We take a closer look in this week’s New York Business Divorce.
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Court Rebuffs Dissolution Withdrawal in Denying Enforcement of Non-Compete

By Peter A. Mahler on April 27, 2015

Posted in Interim Remedies, LLCs, Restrictive Covenants

Can majority members of an LLC withdraw a dissolution claim, over two years into the case, for the purpose of enforcing against a minority member the LLC agreement’s non-compete provision which, by its terms, lapses upon dissolution? Find out in this week’s New York Business Divorce. …
Continue Reading Court Rebuffs Dissolution Withdrawal in Denying Enforcement of Non-Compete