Articles Tagged with Los Angeles Corporate Attorney

AdobeStock_446615933-300x200In December 2020, the Delaware Supreme Court broadened the scope of stockholders’ pre-litigation inspection rights. In a unanimous decision, the Supreme Court reaffirmed the Delaware Court of Chancery’s ruling in Lebanon County Employees’ Retirement Fund vs. AmerisourceBergen Corp.

When reaffirming the court’s decision, the Delaware Supreme Court addressed the circumstances in which stockholders have a right to demand books and records under Section 220 of the Delaware General Corporation Law (DGCL).

How Will the Supreme Court’s Decision Affect Section 220 Demands?

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 allow a creditor access to a debtor’s assets in order to satisfy debts that have been recognized by a court. An experienced Los Angeles corporate attorney can help you determine which tools will best enforce your company’s legal rights against its debtors.Asset-Protection-300x200

A writ of attachment is a particular tool which is used to protect specific assets from being disposed of before a judgment is reached. The writ of attachment is a legal order issued by a court to a law enforcement agent. A writ of attachment is typically requested soon after a case is filed (in order to freeze the defendant’s assets while the case is pending).  A writ of execution is issued at the end of a case after the judgment is reached, in order to enforce a judgment debt that has been awarded to the creditor. The California Code of Civil Procedure establishes the procedures for obtaining a writ of attachment. Section 487.010 specifies the property which is subject to a writ of attachment, including interests in real property, accounts receivable, equipment, farm products, inventory, final money judgments, money on the premises of the debtor’s business, negotiable documents of title, instruments; securities, and natural resources (such as minerals, oils, or gases) on the debtor’s property.

How a Writ of Attachment Can Help Your Business