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.
The Pitfalls of LLCs – Part II: Deadlock – Decide or Dissolve
Part II of our series discusses deadlock – when a lack of foresight traps LLC members in business relationships that no longer work – and how to avoid it.
Family Law and Bankruptcy Issues Intertwined in a Case Involving Unmarried Parents
We frequently see clients faced with family law issues in bankruptcy court. Usually the interplay between family law and bankruptcy law involve married couples, but this blog will discuss that even unmarried couples encounter similar challenges. If you are...
Foreclosure Series Part 1: If the bank waits too long, can they still foreclose?
Over recent years, we all have heard some horror stories about foreclosures. Houses in foreclosure are sprinkled throughout our neighborhoods. In many cases, they sit vacant for a long time. You may wonder, what is going on with that property? What is taking so...
Three Dangers Of Using Generic Forms For an LLC Operating Agreement
Here are three examples of issues you'll face if you choose to use a generic form for your operating agreement when you form a Limited Liability Company. 1. The new statute versus the old statute2. Member managed versus Manager managed3. Default provisions As I...
Discovery in a Piercing the Corporate Veil Case, How Hard Is It?
Managing discovery in any case can be time-consuming; however, discovery in a piercing the corporate veil case is especially tedious but essential to proving up or disproving the case. If a piercing the corporate veil claim survives the initial opposition by the...
7 Reasons It Is Important to Hire a Lawyer to Draft an Operating Agreement
Florida’s LLC Act was substantially revised in 2013, as a result, new LLCs were required to comply with the new Act by January 1, 2014 and existing LLCs were required to comply with the new Act by January 1, 2015. For a number of reasons, it is imperative that...
Bankruptcy Court Sales Must Be Fair to Business Owners/Creditors
If you are a business owner and you were doing business with a company who later files for Chapter 11 reorganization, and you are owed money by that company, there are many safeguards in place that can be utilized to make sure that you, as a creditor, recover as much...
5 Mediation Tips from the Client’s Perspective
Mediation is a valuable part of the litigation process that provides parties with the opportunity to resolve a case without going to trial. However, like trial, mediation requires preparation on the part of both the lawyer and the client in order to best position the...
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...
Coronavirus Stimulus Act Makes Benefits of Small Business Reorganization Act Available to More Businesses for One Year
Coronavirus Stimulus Act Makes Benefits of Small Business Reorganization Act Available to More Businesses for One Year We recently wrote about how the Small Business Reorganization Act of 2019 (“SBRA”) may help small businesses survive the COVID-19 pandemic and...
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...
The Pitfalls of Limited Liability Companies – Part I
This series of blogs provides examples of what can go wrong – or right – with LLCs and operating agreements. Part I explains how one doctor made sure he would not be trapped in a soured business relationship.
The Twist and Turns of a Chapter 11 Bankruptcy: How Real Estate Investors Can Be Impacted by a Chapter 11 Filing and How They can Maximize Their Investment If They are Willing to Fight Back
Attorney Iurillo provides an example of how real estate investors can maximize their return on investment even in a tenant’s chapter 11 bankruptcy by banding together and using their leverage wisely.
Secret No More: Filing For Bankruptcy Can Destroy The Attorney-Client Privilege
Entering bankruptcy may force the disclosure of conversations a debtor has had with his or her attorneys before filing 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...
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