Much of California’s civil justice system revolves around contractual obligations and the enforcement and collection of debts. Keep in mind that if someone owes you money–or you owe them money–the law only allows the creditor a certain amount of time to take action. This is known as the statute of…
Money changes hands frequently in the United States, and debtors refer to people who owe money while creditors are the parties who are owed money. It can often be a contentious relationship between these two parties, and an Austin, TX creditor and debtor rights attorney can help both sides exercise…
Preference related to creditor’s rights issues. If a company files for bankruptcy, the matter is turned over to a bankruptcy trustee who takes control of the debtor’s estate. In the case of the company, they have powers over the company. Preference specifically deals with voiding transactions within the last 90…
It’s no secret that years of corporate research indicate that strategic debt can be beneficial for a business. Taking on corporate debt may confer certain tax benefits, and debt can be used to grow earnings and increase the value of the company. Companies may also be able to create higher…
Any business that deals with customers – meaning all businesses – has customers that are habitually slow to pay for the goods or services that they purchase. Unlike retail transactions such as those that occur at a grocery store, many business-to-business transactions are not immediately completed. Customers don’t necessarily have…
Many Los Angeles business owners find themselves forced into litigation in order to enforce their legal rights as creditors. There are many legal tools available to enforce these rights: liens, levies, garnishments, and charging orders are just a few of many examples. These and other tools can be used to…
California creditors have a variety of tools available to enforce their legal rights. The appropriate tool will depend on the circumstances. For example, in some instances, a lien may be placed on real and/or personal property in order to protect or enforce a creditor’s rights. In the case of a…
Businesses are subject to many types of liens, such as civil judgments, tax liens, and mechanic’s liens. These liens, and many others, can impair your company’s ability to turn a profit. Protect your business assets by being proactive and contacting a San Jose corporate attorney. What is a Lien? A…
Section 544 of the Bankruptcy Code, commonly referred to as the “strong arm” clause, gives the bankruptcy trustee the rights of a secured creditor. This allows the trustee to avoid for the benefit of the debtor’s creditors transfers or obligations that could have been avoided by an unsecured creditor under…
A commercial landlord is confronted with a number of issues when a tenant files bankruptcy. When a tenant files bankruptcy with an unexpired lease, the debtor tenant is given the option to “assume” or “reject” the lease. If the debtor elects to assume the lease, it agrees to be bound…