Asked 9/19/2009
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How can I petition the courts to remove an LLC 50% member from the LLC due to bad faith? 50% partner in LLC has filed suit against me (frivilous). He has also caused the LLC to have to file a Chapter 7 bankruptcy because of his refusal to participate in refinancing the note which has balooned. How can I petition the court to have him removed? Member has not cooperated in any aspects of the business for over two years. |
Answer 1/1 - Submitted 7/30/2010
If you don't have an operating agreement providing for withdrawl or a buy out, you will probably need to file a petition for dissolution to dissolve the LLC. If the LLC may go bankrupt anyway, you may want to talk to an attorney about filing a bankruptcy for the LLC. I would suggest that you talk to a business law attorney in your state about the issues. I hope this answers your question. Thank you.
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