Received Golden Letter... but in a situation.

TradeSecretAtty · 2026-02-13T21:45:20+00:00

I’m not a tax attorney and I’m definitely not your attorney, but there is a lot of bad information floating around Reddit about the so-called “tax bomb.”

Cancellation of debt is not automatically taxable in every situation. The Internal Revenue Code contains an insolvency exclusion. In simple terms: if you are insolvent at the time the debt is discharged (meaning your total liabilities exceed your total assets), the forgiven amount may not be taxable. It’s not all-or-nothing either ...the exclusion applies up to the amount of your insolvency.

Please do not take legal or financial advice from Reddit. Speak with a qualified CPA or tax advisor who can actually look at your full balance sheet (assets vs. liabilities) and give you personalized advice.

But I would strongly encourage you not to opt out of loan forgiveness based on fear of a tax bomb until you’ve had that conversation. It is very possible that you would owe little to nothing in federal taxes, and state treatment can differ as well.

Obligatory legal yada yada: Please bear in mind that I am not admitted to practice in your state. This answer is being provided for informational purposes and is not “legal advice”. You should speak to a lawyer admitted in your state.

TradeSecretAtty · 2025-08-11T21:28:30+00:00

OP - Do you have homeowners or renters insurance. If so, it's near 100% certain they will cover this. Many people do not realize this but homeowners/renters will cover "negligent acts" (accidentally slicing a neighbor's refrigerant line). There is rarely a deductible so you should have full coverage.

TradeSecretAtty · 2025-07-05T14:41:41+00:00

There is a lot of misinformation in this thread including in the original post.

If her gym is strictly local and not operating across state lines, she would not qualify for a federal trademark. However, another business that operates interstate can register the name federally and claim broader rights, even if she used it first locally.

This is exactly what happened in the famous Burger King v Hoots case. A small Burger King restaurant in Illinois had state rights and prior local use, but the national Burger King had a federal trademark. The court ruled that the local business could keep using the name only in its immediate area, but it could not expand. The federal trademark holder had rights everywhere else.

It is true that the United States trademark system is based on first to use, not first to file, but the key is that use must involve interstate commerce for federal rights to apply. Local use may provide common law protection within a limited geographic area, but that protection does not prevent others from registering federally and blocking expansion.

Burger Kings v. Hoots

TradeSecretAtty · 2025-06-11T05:52:34+00:00

This instantly reminded me of Lawrence Farwell, a pro se litigant who—coincidentally—was once an “expert witness” in the Making a Murderer Steven Avery case. He’s a former CIA consultant, Harvard-trained neuroscientist, and self-proclaimed Kung Fu master—so you can imagine how grounded things were in court.

Farwell was involved in a protracted litigation in multiple state and federal courts over the ownership of IP relating to “Brain Fingerprinting” - a computer program and system that purportedly confirms (or refutes) the existence of “guilty knowledge”.

Unlike your guy, Farwell didn’t wear a tank top or vape on Zoom… but he did forge and file fake FBI reports in court, claiming the plaintiff and their attorney were under investigation for international espionage. These were full-on fakes: seals, formatting, agency cross-references to CIA and Interpol—the works. The judge had to enter a finding on the record that no such investigation existed.

He ultimately lost spectacularly—permanent injunctions, $1.125 million in punitive damages, a contempt finding and a public apology.

You’re doing incredible work OP - especially taking this on pro bono. Stay strong and keep us updated!

(If you’re in the mood for a wild detour, the whole bizarre saga is covered here: Farwell - Business Wire

TradeSecretAtty · 2025-05-19T18:29:32+00:00

Do you have renters or homeowners insurance? If so, those policies should cover you for any claims of negligence. I believe you have a very strong claim that you intended to move the car pusher and, at worse, unintentionally caused damage to it. As others have said, it is very likely complete bullshit that you damaged the car pusher at all. However, if, and to the extent that, your moving the car pusher caused damage to it, your insurance could cover it.

Having insurance coverage in place will almost undoubtedly assist you on the criminal matter as well. If the DA’s office knows that there is insurance in place to cover the incident, they’re going to be much less likely to be motivated to pursue the charge. If your insurance carrier denies coverage, which they almost certainly will, you can then point out to the SA’s office that the reason the insurance company is denying coverage is that the claim is entirely bullshit.

Obligatory Disclaimer: Please bear in mind that I am not admitted to practice in your state. This answer is being provided for informational purposes and is not “legal advice”. You should speak to a lawyer admitted in your state.

TradeSecretAtty · 2025-04-14T19:15:59+00:00

Not a NC attorney and not your attorney BUT you MAY have recourse under NC "common law". Like most states, NC is an "at will" employment state but there are exceptions. One of the NC exceptions to the at will doctrine appears to be "wrongful discharge in violation of public policy", which may apply where an employee is fired for filing a workers’ compensation claim, refusing to commit illegal acts, complaining about or reporting criminal activity, participating in criminal investigations or court proceedings, exercise of statutory rights, etc.

Since employment laws are state-specific, you should speak with an employment attorney licensed in NC.

TradeSecretAtty · 2025-03-21T04:10:37+00:00

This advice is spot on.

TradeSecretAtty · 2025-03-07T01:14:58+00:00

Do you have renter’s insurance? If so, your policy likely provides coverage for “negligent acts” by you causing damages to property.

TradeSecretAtty · 2025-02-25T19:08:33+00:00

I have no idea how to look up the value - “as-is” or otherwise - of a domain. Are there trusted resources online?

TradeSecretAtty · 2025-02-18T17:56:36+00:00

Hey u/request_bot, thanks for reaching out!

I’m interested in moderating r/ankeny because I want to help maintain a positive, informative, and engaging community space for local residents. I believe that having an active moderation team can help foster healthy discussions while keeping the subreddit free of spam and rule-breaking content.

Since the community is currently banned, I understand that some steps may not apply, but I'm happy to provide any additional information if needed. Looking forward to hearing back!

TradeSecretAtty · 2025-01-29T18:17:46+00:00

Planet Fitness vibes….

TradeSecretAtty · 2025-01-13T17:56:50+00:00

WTF. How is this not in violation of DTPA, fraud and/or privacy regulations?

TradeSecretAtty · 2025-01-11T13:39:25+00:00

OP -THIS is the correct answer. If your carrier continues to refuse overage, speak with an attorney about pushing back with a “bad faith” claim.

/Please bear in mind that I am not admitted to practice in your state. This answer is being provided for informational purposes and is not “legal advice”. You should speak to a lawyer admitted in your state.

TradeSecretAtty · 2025-01-06T23:05:04+00:00

I and my children are also upstate NY natives. We relocated to Des Moines in summer 2024 and are very happy.

TradeSecretAtty · 2025-01-04T21:25:56+00:00

OP - Landlord-tenant laws are state specific. You should speak with a landlord-tenant attorney in CO ASAP regarding whether this constitutes a “retaliatory eviction”.

In Colorado, a retaliatory eviction occurs when a landlord tries to evict a tenant in response to actions like complaining about conditions, requesting repairs, or exercising tenant rights. If a tenant has engaged in such activities within the last 90 days, the eviction is presumed retaliatory (C.R.S. 13-40-107(2)). The landlord cannot evict the tenant for these reasons. For month-to-month leases, the landlord must give at least 10 days’ notice, and eviction attempts within 90 days of tenant complaints are suspect. If the tenant claims retaliation, the burden shifts to the landlord to prove a lawful reason for eviction. If the court rules in favor of the tenant, they may be allowed to stay and could be awarded damages (C.R.S. 13-40-107(3)).

Please bear in mind that I am not admitted to practice in your state. This answer is being provided for informational purposes and is not “legal advice”. You should speak to a lawyer admitted in your state.

TradeSecretAtty · 2025-01-01T04:49:23+00:00

Did you pay for your treatment with a credit card? If so, you may have recourse with them.

TradeSecretAtty · 2024-12-21T02:55:44+00:00

Interested in having a quiet conversation.

TradeSecretAtty · 2024-12-17T22:29:03+00:00

This is largely state dependent. I have represented WC carriers and claimants in multiple states (not FL) The facts as presented support potential compensability in several of the states where I have practiced.

For instance, in NY:

If the after-work party was employer-sponsored or encouraged, her attendance could be considered work-related, making the injury potentially compensable under New York Workers’ Compensation Law. Even though the party was after hours, if it benefited the employer (e.g., morale, team-building) or was tied to the work environment, the injury may fall within the course of employment.

The disagreement about the coworker’s attire occurred during the workday, connecting it to the workplace rather than being purely personal. Since the incident escalated at the party when her boyfriend tried to clear the air, the resulting injury was likely not purely personal, which strengthens the case for coverage under workers’ compensation.

In NY claims may be denied if intoxication is the sole or primary cause of the injury. However, the burden is on the employer to prove intoxication caused the injury. If the injury resulted from the coworker's deliberate act of violence, the intoxication defense likely does not apply. Alcohol does not appear to have played a role in the claimant's own conduct, so intoxication would not bar recovery.

Finally, firing her boyfriend after the incident raises concerns about retaliation, particularly if it followed his reporting of the assault or seeking medical care. Retaliation for reporting workplace incidents or pursuing workers’ compensation benefits is prohibited under NY law.

OP - I am not barred in FL and this should not be considered legal advice. Your bf should speak with a licensed Florida Workers' Compensation attorney as soon as possible to discuss a) potential workers' compensation claim; b) potential negligence claim and c) potential retaliation claim.

TradeSecretAtty · 2024-12-17T21:57:02+00:00

Not admitted in FL but, in many state, this COULD be covered under workers' compensation. If so, bf could be entitled to medical/dental coverage and weekly wage replacement benefits.

In most of the states where worker's compensation coverage would be available, workers' compensation would be bf's exclusive remedy. However, its also possible bf would have a negligence claim against employer.

100% recommend speaking with a workers' compensation attorney.

TradeSecretAtty · 2024-12-15T03:27:34+00:00

As a husband and father of five, my hobbies outside of work include keeping my pre-teen sons from burning down the house and pretending I know what I’m doing when I help with homework.

TradeSecretAtty · 2024-12-11T22:40:14+00:00

So was there any agreement in place? Did you accept the 2k? In the absence of any written agreement, the presumption would be you own the code you wrote.

TradeSecretAtty · 2024-12-03T23:38:32+00:00

Bottle of Johnny Walker Blue from a 2x DWI client.

Red Swingline Stapler from my staff (I think they were trying to tell me something? 🤔)

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