Eric M Wiechert

Eric M Wiechert

  • Bankruptcy, Construction Law, Tax Law
  • Illinois, Wisconsin
Badges
Claimed Lawyer ProfileQ&A
Practice Areas
  • Bankruptcy
  • Construction Law
  • Tax Law
Jurisdictions Admitted to Practice
Illinois
Wisconsin
Languages
  • German: Spoken, Written
  • Spanish: Spoken
Education
The John Marshall Law School
J.D.
-
Honors: CUM LAUDE, LAW REVIEW
Northern Illinois University
B.S. | ACCOUNTING
-
Honors: MAGNA CUM LAUDE
Websites & Blogs
Website
Website
Legal Answers
19 Questions Answered

Q. What is meant by a minor's attainment of majority?
A: This simply means the date on which a minor can legally be bound under a contract (other than a contract of necessity - like medical services). Generally that is age 18. Please let me know if I can be of further assistance. www.ruskcountylaw.com (licensed in WI and IL)
Q. I will have 2 silent investors for a business, and I need a contract.
A: First you'll need to figure out how you want to run the business, what sort of activities and industries are involved in the business endeavor, and whether the investment is in cash, labor, or assets. Business licensing and tax issues may influence the contours of the enterprise. Given the foregoing, there are a number of ways that you can be an investor in a business: the investor can loan money; the investor can own shares in a statutory entity; the investor can be a common law partner in the business; or the investor can lease assets it owns to the business. The more the investment looks like debt or a lease of assets the more likely it will resemble a silent or non-managerial investment. The more the investment appears to get involved in management, the more likely it will be a voting equity, or partnership type investment. Once you figure out the enterprise and what it will be doing - you and your silent partners can figure out whether the business investment will be debt, equity, or some other purely contractual arrangement. You should seek advice from an attorney that is knowledgeable about the industry. Most industries have national and local associations. Those associations may have best practices about the industry - getting started, formation, and ways to minimize risk exposure. The foregoing is for discussion purposes only and should not be construed as legal advice.
Q. How many years do I have to wait until I can file Bankruptcy again?
A: Under the 2005 amendments to the bankruptcy code, a person can't obtain a bankruptcy discharge within eight years of their last bankruptcy discharge. A Ch. 13 can be filed, or a Ch 7 case can be converted to a Ch. 13, if the plan payments will conclude outside the eight year window between the previous discharge. The foregoing information is for discussion purposes only and should not be construed as legal advice.
Q. Can duty free cigarettes be imported to wisconsin tax free if kept under a certain amount?
A: No - subject to a very narrow personal use exception. You generally can't take tobacco products across state lines for resale without paying federal & state excise taxes. See http://www.ttb.gov/tobacco/tobacco-faqs.shtml#t1 . There are some exemptions for deminimis personal use referenced in a final rulemaking decision available here: http://www.atf.gov/publications/download/qb/2001/atf-quarterly-bulletin-... The above is intended for discussion purposes only and not as legal advice.
Q. How to calculate cost of contract performance incurred for personnel under FAR 52.219-14
A: It depends on what you are doing under the contract. manufacturing, GC, specialty trade or if the contract is under an unrestricted set-aside. Here is a link to the referenced clause:http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1432_255794 The above information is intended for discussion purposes only. It is not intended as legal advice.
Q. I am trying to negotiate a forbearance on overdue excise tax bill, due to lengthy illness. Legal help?
A: It can be exceedingly stressful to manage these things yourself but the IRS has some helpful videos and pamphlets about the process that you may want to review before selecting a professional or trying to work this out on your own. Here is a link to the IRS videos that may be on point: http://www.tax.gov/Professional/Collections Good luck! The above information is intended for information purposes only and should not be construed as legal advice.
Q. What does it mean I have been discharged in bankruptcy or I have not been discharged in bankruptcy for the Chase account
A: See http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Discha... The above information is not intended as legal advice but is intended solely for discussion purposes.
Q. Do i need a lawyer for bankruptcy?
A: The bankruptcy code is fairly complex and generally most people recommend against filing without a lawyer. Wisconsin has some alternatives that are available in state courts to deal with unsecured creditors through Wis. Stat. Ch. 128. The uscourts has some informative videos about the bankruptcy process available here: http://www.youtube.com/user/uscourts Good luck! The above information is for discussion purposes only and is not intended to be construed as legal advice.
Q. Where do i look for registered owners of mineral rights
A: It isn't always in the same spot depending on the age of last transaction. You may want to check here: http://slf-web.state.wy.us/
Click here to see all answers
Contact & Map
PO 415
Ladysmith, WI 54848
USA
Telephone: (715) 318-0081
126 N Barstow St.
PO Box 1835
Eau Claire, WI 54702
USA
Telephone: (715) 318-0081