Recent Blog Posts
Small Business Bankruptcy: What You Want to Know But Don’t Want to Ask
As a small business owner, it can be difficult to ask questions about filing for bankruptcy. In some cases, you might not know what to ask. In others, you might feel uncomfortable showing how little you know about the process. Of course, you aren’t a Miami bankruptcy litigation attorney, so being unfamiliar with the… Read More »
The Chapter 11 “Cramdown:” How To Use One to Your Company’s Advantage
In a Chapter 11 business bankruptcy, a “cramdown” allows the business to secure court approval for its reorganization plan without its creditors being on board. This can be critical in some cases. While creditors will generally be willing to consider reasonable proposals for reorganizing a business’s debts during the Chapter 11 bankruptcy process, it… Read More »
What Types of Debts Are Eligible for Discharge in a Chapter 11 Bankruptcy?
While the primary purpose of a Chapter 11 bankruptcy is to reduce the business’ monthly debt load through a reorganized payment plan, businesses can use Chapter 11 filings to eliminate (or “discharge”) debts during the process as well. Discharging debts during the Chapter 11 bankruptcy process is fairly common, and when considering a reorganization,… Read More »
Remedies in Florida Partnership Disputes
Last month, we discussed some key considerations for resolving partnership disputes through mediation or arbitration. In that article, we covered some of the benefits and limitations of each of these forms of alternative dispute resolution (ADR), and we also covered some circumstances in which ADR may not be the best option for resolving a… Read More »
Bankruptcy Options and Alternatives for Small Businesses in Florida
From high interest rates to the lingering effects of the COVID-19 pandemic, many small businesses in Florida find themselves struggling for a variety of reasons. If your small business is struggling, it may be worth considering bankruptcy and its alternatives. Small business owners have a variety of options available, and an experienced Miami bankruptcy… Read More »
7 Key Considerations for Operating Sustainably After a Chapter 11 Bankruptcy
Going through a Chapter 11 bankruptcy provides the opportunity to reorganize a company’s debts so that it can remain in business. This distinguishes Chapter 11 bankruptcies from other types of filings, and it makes working with a Miami Chapter 11 bankruptcy lawyer an attractive option for companies that have a clear vision for the… Read More »
Resolving a Partnership Dispute Through Mediation or Arbitration
When business partners reach an impasse, it will often (though not always) be in everyone’s best interests to find a way to come to terms. Not only will this help to minimize the costs of dispute resolution, but, in many cases, it will also help to maximize the chances of the partnership remaining viable… Read More »
Staving Off Chapter 11: When Is (and Isn’t) It Feasible to Avoid a Business Bankruptcy?
When a company is struggling financially, filing for bankruptcy under Chapter 11 is an option that allows the company to stay in business while it works to regain financial stability. But, in this scenario, pursuing reorganization under Chapter 11 is not necessarily the only option that is available. Struggling companies may have a variety… Read More »
The “Basics” of Chapter 11 Bankruptcy—According to the U.S. Courts
If you search for information about the Chapter 11 bankruptcy process online, one of the first resources you’ll likely find is a resource published by the U.S. Courts called “Chapter 11 – Bankruptcy Basics.” But, if you click on this resource, you’ll find that it is anything but basic. It is long and dense,… Read More »
Discovery in Breach-of-Contract Litigation: A Primer for Florida Business Owners
In commercial breach-of-contract litigation, discovery can play a key role in defining both parties’ litigation strategies and setting the stage for trial. But, strategic use of discovery can also provide leverage for pre-trial settlement negotiations in many cases. As a result, when facing contract-related disputes, it is critical that business owners have a clear… Read More »