Recent Blog Posts
7 Common Issues in Commercial Lease Litigation
The commercial leasing relationship presents legal and financial risks for both parties. While most commercial leases will run their course without significant strife, in some cases these risks will manifest in the form of litigation. Commercial lease litigation (and alternative dispute resolution (ADR) mandated under commercial lease agreements) can involve a variety of issues…. Read More »
Understanding the Terminology In Chapter 11 Bankruptcy Cases
Effectively pursuing Chapter 11 and maximizing the benefits of the bankruptcy process requires informed and strategic decision-making. The bankruptcy process is exceedingly complex, and while financially distressed companies have multiple options available under Chapter 11, simply identifying and understanding these options can prove challenging for those who are unfamiliar with the basic terminology involved…. Read More »
Claims for Non-Dischargeability in Business Bankruptcy Cases Under Section 727
When preparing to file for bankruptcy under Chapter 7 or 11, business owners must carefully assess their risk of facing claims for non-dischargeability. This includes not only claims for non-dischargeability of individual debts but also claims for non-dischargeability in the entirety. Both creditors and trustees can object to discharge during the bankruptcy process. While… Read More »
Defenses to Discharge in Business Bankruptcy Cases Under Section 523
In a business bankruptcy, the discharge of the business’s debts relieves the business of its ongoing payment obligations. As the U.S. Courts explain, following a discharge in bankruptcy: “[T]he debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor… Read More »
10 Reasons to Work with a Lawyer When Negotiating a Commercial Lease
While businesses are continuing to close due to the lingering economic impacts of the COVID-19 pandemic, many entrepreneurs are seizing the opportunity to launch new businesses, and many established businesses are taking advantage of vacancies to relocate or expand. When negotiating commercial leases, business owners need to make informed decisions—and this goes well beyond… Read More »
Chapter 11 Bankruptcy Filing Requirements: An Overview
When seeking bankruptcy protection under Chapter 11, businesses must submit multiple pleadings, forms and supporting documents to the U.S. Bankruptcy Court. As filing deficiencies can delay—or potentially even compromise—the bankruptcy process, businesses must work closely with their counsel to ensure that they meet all applicable requirements. Generally, businesses filing for bankruptcy protection under Chapter… Read More »
7 Ways a Lawyer Can Help with the Chapter 11 Bankruptcy Process
Filing for bankruptcy under Chapter 11 is a viable option for many businesses that are struggling financially. But, while Chapter 11 is designed to help businesses get back on solid financial ground, navigating the bankruptcy process can prove challenging. As a result, businesses seeking to reorganize their debts under Chapter 11 need experienced bankruptcy… Read More »
10 Common Roadblocks in Chapter 11 Bankruptcy Cases
While most Chapter 11 bankruptcy filings go smoothly, it is possible for a variety of issues to arise along the way. Overcoming these issues costs time and money, and thus it is generally best to avoid them if possible. Hiring experienced business bankruptcy counsel can mitigate the risk of issues getting in the way… Read More »
10 Common Misconceptions about Filing for Business Bankruptcy Under Chapter 11
There are lots of misconceptions about bankruptcy. While some people assume that businesses that file are on the brink of failure, others assume that filing for bankruptcy is simply a way for large companies to get away with not paying their debts. But, the reality is that, for most businesses, filing for bankruptcy is… Read More »
15 Common Mistakes to Avoid When Filing for Bankruptcy Under Chapter 7
Filing for bankruptcy under Chapter 7 as an individual or business is a process that requires planning, preparation and active participation along the way. Mistakes before or during the process can prove costly—and, in many cases, they can lead to denial of the debtor’s petition in its entirety. As a debtor seeking relief under… Read More »