Recent Blog Posts
What Can Happen if a Struggling Business Doesn’t File for Bankruptcy?
We talk a lot on our blog about the benefits of filing for bankruptcy and the importance of making informed decisions before it’s too late. While filing for bankruptcy isn’t the right approach in all cases, when it is the right approach, acting promptly can be critical for protecting businesses’ interests and maximizing the… Read More »
Business Bankruptcy vs. Assignment for the Benefit of Creditors (ABC): Key Considerations for Struggling Businesses
While struggling businesses have a variety of options for dealing with financial distress, two of the primary options in this scenario are: (i) pursuing a business bankruptcy under Chapter 7 or Chapter 11; and (ii) pursuing an assignment for the benefit of creditors (ABC). Each of these options presents its own unique set of… Read More »
Contract Disputes Involving Service Level Agreements (SLAs): Are They Enforceable or Not?
Service level agreements (SLAs) are common terms in vendor contracts. While they are most commonly used in the information technology (IT) sector, corporate customers can—and frequently do—use SLAs to help protect their interests when contracting with all types of service providers. But, are SLAs enforceable? Find out from an experienced Miami commercial litigation attorney… Read More »
Contract Disputes Involving Renewals: What if One Party Refuses to Renew on Reasonable Terms?
Leases, licenses, franchise agreements, service agreements, and other commercial contracts frequently include provisions concerning renewal. In many cases, it will be in both parties’ best interests to expressly contemplate the possibility of renewal, as this can provide confidence for the future and help facilitate the growth of a long-term relationship. With that said, renewal… Read More »
What if Your Company’s Chapter 11 Reorganization Plan Isn’t Working Out?
When companies pursue reorganization under Chapter 11, they typically do so with optimism for the future. The purpose of reorganizing under Chapter 11 (as opposed to liquidating under Chapter 7) is to keep the company afloat while it pursues a path toward profitability. But, even with a strong plan and the best of intentions,… Read More »
Responding to Allegations of Bankruptcy Fraud or Abuse
Last month, we published an article discussing common allegations of bankruptcy fraud and how to avoid these allegations when going through the Chapter 11 reorganization process. This month, we’re shifting focus to later in the process: What if it is too late to avoid allegations of bankruptcy fraud or abuse? An experienced Miami bankruptcy… Read More »
Contract Disputes Involving Imminent or Ongoing Harm: Seeking Preliminary Injunctive Relief
While complex contract disputes can take months, or even years, to resolve, sometimes companies don’t have time to wait. If your company is facing imminent or ongoing harm, obtaining relief immediately could be critical for protecting your company’s interests now and in the future. Depending on the circumstances, this may involve hiring a Miami… Read More »
The “Five Ws” of Chapter 11 Reorganization Plans
While some business owners and executives are well-versed in the intricacies of the Chapter 11 bankruptcy process, for those who haven’t been through the process before, learning what to expect is the first step. Unlike Chapter 7 bankruptcy proceedings (which involve liquidating a business’s assets), Chapter 11 proceedings involve restructuring the business’s debts so… Read More »
Bankruptcy Fraud and Abuse: How to Avoid Allegations During a Chapter 11 Reorganization
A recent article from the Government Accountability Project discusses the role of forensic accountants employed by the U.S. Department of Justice (DOJ) in uncovering fraud and abuse during the bankruptcy process. While the article focuses specifically on the DOJ’s recent firing of a forensic accountant in Texas, forensic accountants continue to play a key… Read More »
Contract Disputes Involving Mandatory ADR: When Mediation or Arbitration is Required
Many commercial contracts include provisions that mandate mediation or arbitration (or both) in the event of a dispute between the parties. These mandatory alternative dispute resolution (ADR) clauses have become ubiquitous, and, in most cases, both parties will prefer to use ADR rather than litigate their dispute in state or federal court. Generally speaking,… Read More »