Commercial Landlords Faced with a Tenant Bankruptcy Have Financial Opportunities in Bankruptcy if Legal Counsel is Retained
Commercial Landlords have never been faced with more uncertain time than today; because of the COVID pandemic and the resulting state of the economy. Commercial property management companies, Landlords and Real Estate owners alike are faced with retail tenants, such...
The CARES Act’s Paycheck Protection Program Now Offers Much-Needed Relief for Small Businesses
On March 27, 2020, H.R. 748 - the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) was signed into law, providing essential emergency financial relief to individuals and small businesses impacted by the disruptions caused by the Covid-19 virus. The...
Hope in Crisis? The Small Business Reorganization Act May Have Come Just in Time for the Pandemic
The COVID-19 pandemic and resulting public health crisis will have devastating effects for countless small businesses, as “social distancing” – undoubtedly the phrase of the year 2020 – has caused dramatic reductions in demand in the airline, restaurant, hotel, oil...
Your Ex’s Bankruptcy Can Cost You Dearly
That money the divorce court awarded you could be in jeopardy if your former spouse decides to file for bankruptcy.
What Can You Do When a Borrower Files Bankruptcy on the Eve of a Foreclosure Sale?
What can you do when a borrower files bankruptcy on the eve of a foreclosure sale? Are you entitled to the swift results of dismissing the bankruptcy case based on bad faith? If you are a commercial lender, odds are you will find yourself in this...
Operating a LLC: What Can be Done When a Member is Destructively Asserting Their Power Over the LLC?
In the past, we have written numerous blogs on the importance of having an operating agreement if you hold a membership interest in a LLC. Disagreements often arise between members of a LLC which can be resolved with a comprehensive operating agreement. We pose...
Bankruptcy v. Litigation: What You Need to Consider
Over the past several years, the number of bankruptcy filings has fluctuated substantially, peaking significantly in 2005 when the Bankruptcy Code was revised and again in 2010 with the recession. With the recovery of the economy, there has been a downward fluctuation...
When Creditors’ Rights Issues Collide With Estate Planning, What Should You Do?
Many times the purpose of estate planning may be directly in conflict with the purpose of asset protection and creditors’ rights. For instance, perhaps gifting by parents to the children over a number of years makes excellent tax advice and addresses estate planning...
You Can’t Have Your Cake and Eat It Too: Debtors Who Surrender a Home in Bankruptcy Are Precluded from Challenging the State Court Foreclosure
As a result of this opinion, Florida debtors must be aware that if they elect to surrender their home in bankruptcy in order to obtain a discharge of the personal liability of the debt, they cannot contest a future foreclosure case and must be prepared to move out of the home.
Can a Piercing the Corporate Veil Claim Provide You with an Alternative Collection Remedy?
When should someone consider filing a piercing the corporate veil claim? Since the results in litigation are uncertain and can be expensive, it is essential that you consider all of your collection alternatives prior to filing any lawsuit. Even if a judgment is...
