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April 2017 Archives

When a Creditor Violates an Automatic Stay

debt-collector.jpgCalifornia businesses that file for bankruptcy protection are generally granted an automatic stay. In simple terms, an automatic stay provides the filing business with temporary relief from debt collections efforts. This includes relief from creditors that are seeking enforcement a judgment, foreclose on a property or the collection of debt in any other manner. Creditors are legally obligated to put all of those collection efforts on temporary hold. This is extremely useful for the filing company as it gives that business some space to devise a workable restructuring plan. However, creditors do not always abide by the automatic stay. If your company has been granted an automatic stay, and a creditor is continuing to take collection action, you need to speak to an experienced San Jose business bankruptcy lawyer immediately. Your company's legal rights are being violated.

Keeping your trademark safe

Imagine that you have worked for several years to build up capital and open your own consulting business. You worked closely with a design specialist to create a trademark so that your current and future clients could easily recognize your brand.

New California Law Prohibits the Use of Out-of-State Venues in Employment Contracts

labor-law.jpgA new California law which went into effect on January 1st, 2017 adds a new section (Section 925) to the California Labor Code and it restricts some employer rights. Employers are now no longer able to require out-of-state adjudication or arbitration in employment contracts. This applies to the contracts of all employees who reside primarily within the state of California. Employers with questions about the effects of this new law should consult with an experienced San Jose business law attorney to ensure that their firm is always in full compliance.

Mechanic's Liens and Bankruptcy in California

lien.jpgA mechanic's lien, also known as a construction lien, is an incredibly powerful collection tool that is available to contractors and subcontractors in California. In fact, any party that provides materials or labor in an effort to help improve real property may seek a mechanic's lien against the property in the event that they are not fairly paid for their contribution. Essentially, a mechanic's lien will give a person or company a creditor's interest in that property. Of course, if the owner of the property declares bankruptcy, things can quickly become extremely complicated. If your company is dealing with a mechanic's lien and a bankruptcy filing by the party that owns the property, please contact an experienced San Jose creditors' rights lawyer for immediate legal assistance.

3 things that simply aren't true about bankruptcy

There are many things you may have heard about bankruptcy in the past, and most things you probably assume are factual. The truth is that there are many pieces of misinformation about bankruptcy that circulate, and those falsehoods could prevent people from filing when bankruptcy really is the best choice.

A perfect partnership deserves a plan

Many people flinch when someone suggests having a prenuptial agreement. To some, settling marital disputes before they happen douses the spontaneity and romance and makes a wedding seem like a business arrangement. However, those going into business may have the same reservations when someone recommends a partnership agreement. Nevertheless, such an agreement may make a difference in the success and longevity of your business.

Understanding Fraudulent Transfers in California

fraud.jpgDebtors are not allowed to 'give away' their assets in order to protect those assets from creditors. This is an issue in many bankruptcy cases, as some debtors try to find ways around the system. It is critical that creditors are fairly protected from any fraudulent transfers. Fortunately, California law offers creditors vital protections under the Uniform Fraudulent Transfer Act (UFTA). If you are a creditor in California, and you believe that a debtor has fraudulently transferred assets that you had a legal claim to, you need to contact an experienced San Jose creditors' rights lawyer attorney as soon as possible.

  • 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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