Recent Blog Posts
Contract Disputes Involving Pricing and Fees: When One Party Claims Underpayment
Among the various types of disputes businesses can face, pricing and fee disputes are among the most common. If one party claims underpayment and the other party claims that it has paid what it owes or that no payment is due, there is a high likelihood that the parties’ dispute will lead to litigation…. Read More »
7 Pitfalls to Avoid Before, During and After a Chapter 11 Reorganization
Going through a Chapter 11 reorganization requires careful planning and a detailed understanding of the immediate and long-term financial implications involved. If business owners are not adequately prepared, they will risk making uninformed decisions—and this can lead to consequences ranging from an untenable reorganization plan to a denial of the business’ bankruptcy petition. Learn… Read More »
Subchapter V: A Closer Look at the “Small Business” Bankruptcy Process
For many companies that are struggling to stay afloat, pursuing a Subchapter V “small business” bankruptcy can provide a viable path toward regaining financial stability. Pursuing a Subchapter V bankruptcy involves reorganizing a company’s debts, similar to pursuing a traditional business bankruptcy under Chapter 11. However, the costs are significantly lower, and there are… Read More »
Contract Disputes Involving Efforts to Force Compliance: When Specific Performance Is (and Isn’t) a Remedy
If your company is facing a contract dispute involving another party’s failure to uphold its end of the bargain, you will need to decide what type of remedy you want to seek under the circumstances at hand. In some cases, seeking to force compliance—or to compel “specific performance”—might seem like the most desirable option…. Read More »
Are Companies Required to Disclose Chapter 11 Bankruptcies?
While reorganizing a company’s debts under Chapter 11 can have several benefits in the right circumstances, one of the drawbacks of filing is that Chapter 11 proceedings are generally public record. But, even with this being the case, if filing under Chapter 11 is necessary to sustain the company’s operations, this can be a… Read More »
How Do Companies Keep Operating After Bankruptcy?
Filing for bankruptcy doesn’t necessarily mean going out of business. Not only can businesses survive the bankruptcy process, but if they take an informed and strategic approach to the process, they can come out financially stronger on the other side. Learn more from an experienced Chapter 11 bankruptcy lawyer at Edelboim Lieberman: What Business… Read More »
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 »