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San Jose Business & Commercial Law Blog

What should you include in a business contract?

You may have started running your own business because you wanted to be in charge of yourself and as much of your operations as possible. Of course, as your business grew, you likely knew that you would need to form relationships with outside parties and other companies that may be able to perform duties that you could not do in house.

Though delegating tasks and outsourcing could help lessen the burden you and your company face, you also want to protect your business as best as possible. You can take precautions to ensure that you receive the services for which you pay or otherwise reach the terms of your agreement by creating a business contract.

Hasty decisions could make your debt situation worse

Money is often on the minds of most people. They may think about their next paycheck, how much they should spend on food or clothing, whether they have enough money for vacation, or how they will deal with their outstanding debts. Unfortunately, that last thought plagues many people, and you may be one of the numerous individuals who loses sleep each night wondering whether you will ever get out from under the outstanding balances you face.

It can prove immensely difficult to deal with debt, and you may think that chipping away little by little will help you keep your financial struggles under control. However, small steps may not always prove effective, especially when balances continue to increase due to interest rates and fees. The time may come for you to take more substantial action in hopes of achieving debt relief, but you may want to avoid making hasty decisions.

Real estate fraud comes in many forms

You may think that, because you are not a mortgage banker involved in predatory lending, you cannot face accusations of mortgage fraud. However, mortgage fraud can occur at any level of a real estate transaction, from lenders, borrowers, appraisers and other professionals. Whatever area of the real estate industry is your livelihood, you should know that authorities take fraud seriously, and if you are facing these allegations, you may have a lot on the line.

Fraud is any kind of deception or misrepresentation, including omitting critical facts. A buyer may commit fraud by including false employment information on a loan application in order to improve the chances of getting a house. However, you may face accusations of more intricate schemes.

4 types of intellectual property

The ideas upon which you created your business likely act as the foundation for its success. As your company continues to grow, you, your partners and your employees have undoubtedly come up with numerous new ideas that have helped your business continue to flourish. A simple idea could easily turn into a tremendous business opportunity when given the right circumstances.

Because ideas, trade secrets, inventions and other similar areas can play major roles in how well a business performs, you certainly want to keep that information protected. If competitors get hold of such knowledge, they could easily use it against you and for their own benefit. However, if someone steals your intellectual property for such gain, you may have reason to pursue legal action.

3 misconceptions that may have you reconsidering Chapter 11

When your business started facing financial struggles, you may not have felt an immediate sense of panic. Most companies face losses and are able to get back on track by utilizing the right business strategies. However, now that your company's financial situation has gotten increasingly worse, you may worry that recovery is no longer an option and that you may have to close down.

Before you start the process of dissolving your business, you may wish to consider certain efforts that may help your company financially while also giving you the opportunity to keep the doors open. Filing for Chapter 11 bankruptcy helps many businesses deal with creditors, lenders and other factors relating to financial issues. However, you may think that this route will cause more harm than good.

Advertising blunders that cost well-known companies millions

Regardless of the type of business you run here in California, you need to get your name out there in order to draw in customers. This makes marketing and advertising a vital part of nearly every business since word of mouth alone may not be enough to expand your customer base and make your business a success.

The problem is that if you fail to exercise caution, you could end up facing allegations of false advertising. In the alternative, you may suspect that a competitor's product claims are false. Understanding this issue could be as simple as learning from other major companies who ended up in trouble for false advertising.

Chapter 11 Bankruptcy Reorganization Provides Debt Relief to Corporations

chapter-11.jpgThe United States Bankruptcy Code, which organizes types of bankruptcy into different chapters, offers debt relief to both individuals and corporate entities. If you are individual in need of debt relief, the "liquidation" of non-exempt property facilitate by chapter 7 bankruptcy may be the most sensible option. If it is your corporate entity, whether a corporation, partnership, or other entity, rather than yourself as an individual separate from your business, chapter 11 bankruptcy may be the more prudent choice - especially if it is your intention to remain in business following the bankruptcy process. In determining which chapter of bankruptcy is most appropriate and beneficial, whether as in individual or corporate entity, consult with an experienced San Jose bankruptcy attorney.

Chapter 7 Bankruptcy Is an Option for Individuals Seeking Debt Relief

chapter-7.jpgDebt Relief. Thinking about bankruptcy in such terms is the first step in no longer allowing any information gap-related anxiety from getting in the way of educating yourself about bankruptcy. Chapter 7, like other types of bankruptcy, is about relief. In bankruptcy's chapter 7 form, this relief is in the form of liquidation. Chapter 7 liquidation, as spelled out in the U.S. Bankruptcy Code, is "the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors." When focusing on the positive, on relief, the words "nonexempt property" should jump out.

False harassment claims can devastate your career

Recent news is full of allegations of sexual harassment and worse, and powerful men seem to be losing their jobs, their reputations and millions in settlement money rather quickly after accusations become public. While it is unclear to outsiders the exact nature or level of some of these alleged acts, you may be concerned about your future if you are also facing such claims.

If you are certain that the assertions someone made are unfounded, your instinct may be to refuse to acknowledge the charges and ignore the investigation that must necessarily follow allegations of harassment. However, there are steps you can take in an effort to protect yourself.

Chapter 13 Bankruptcy Allows Debtors to Retain Property

chapter-13.jpgThe number 13 in Chapter 13 bankruptcy may seem like a bad harbinger, but don't be scared off; Chapter 13 bankruptcy is there to help you keep your property while paying off debts over time. Importantly, Chapter 13 is distinct from other types of bankruptcy (all organized into "chapters"). For individuals seeking to liquidate all but non-exempt property and use the proceeds to pay creditors, Chapter 7 is a sensible option. For a business seeking to reorganize and remain in business by crafting a new payment plan and timeline, Chapter 11 may be prudent. The purpose of this article is to explain the basics of Chapter 13 bankruptcy. In choosing the chapter that is right for you, whether as an individual or business, consult with an experienced San Jose bankruptcy law attorney.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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