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Business Law Archives

Understanding a Creditors' Right to File for Bankruptcy Protection

creditors rights.jpgIn the vast majority of cases, companies voluntarily file for bankruptcy protection. While bankruptcy is generally associated with providing protection to debtors, it also provides some important legal protections for creditors. Indeed, creditors even have the right to file an involuntary bankruptcy petition. By doing this, creditors may be able to force a company into bankruptcy. While this does not happen often, the right to do so is incredibly valuable for creditors. As such, it is important to discuss what you need to know about involuntary bankruptcy petitions.

Tech Startups Must Consider the Value of Their Intellectual Property

start-up.jpgBeyond being home to some of the biggest tech businesses in the world, the Bay Area remains a top location for startups. As was reported in a study from the Ewing Marion Kauffman Foundation, a nonprofit organization focused on promoting entrepreneurship, San Francisco and San Jose-Sunnyvale-Santa Clara are both ranked among the top-ten regions in the United States to start a tech company. Of course, forming a new company comes with many challenges. Here, our Silicon Valley business law attorneys focus one of the most important aspects of starting a new tech company: Intellectual property rights.

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.

FCC Extends Import Information Waiver for Six More Months

FCC.jpgFederal regulations require that companies must comply with many different rules when importing radio frequency devices. One of these rules is a filing requirement. Complying with this filing requirement can produce a tremendous amount of paperwork. Though, in the summer of 2016, the filing requirement related to the import of devices was temporarily suspended. Recently, the FCC has announced the extension of the Form 740 Import Information Waiver for another six months. For now, this waiver is set to run until June 30th, 2017.

So long, farewell: Closing your LLC or corporation

All good (and bad) things must come to an end. Whether you have decided to close your business because you are struggling financially or you are simply ready to retire and relax for a while, you may not be aware that there are certain steps to follow to legally dissolve your LLC or corporation.

Supreme Court Rules for Samsung in Major Patent and Copyright Infringement Case

smart-phone-lawsuit.jpgThe Supreme Court of the United States has ruled in favor of Samsung in their dispute with Apple. The case involves allegations of both patent and copyright infringement. This decision, which was unanimous (8-0) overturns a lower court ruling that had awarded Apple more than $390 million in damages. At this stage, the case will now go back down to a Washington D.C. federal appeals court for reconsideration on the issue of damages.

Protecting your personal assets from your business creditors

Owning your own business was a long-time dream, and you made it come true. Nevertheless, you probably felt nervous about the amount of money at risk, particularly if you took out loans to get things started. Perhaps your spouse expressed concern that, if anything should go wrong with the business, the creditors would take the house and the personal bank accounts.

Court Rules that Debtors Infringed on Creditors' Rights in San Jose Bankruptcy Case

busness-creditor.jpgRecently, the Northern California Record reported that five different debtors made unlawful modifications to their Chapter 13 bankruptcy debt restructuring plans. More specifically, the debtors failed to give proper notice to the bankruptcy trustee and creditors. Due to this, the creditors lost out on their right to object to the plan. The right to object is a valuable tool for creditors and it must be protected. If you are a California creditor and you have questions about your right to object, please contact an experienced San Jose creditors rights attorney today to discuss your legal options.

California Creditors' Rights: Executing a Judgment

creditor-rights.jpgIn many cases, creditors are forced to go to court to seek a judgment against a debtor. Once you obtain a judgment, the debtor may simply decide to pay you what is owed. If so, that is great. However, this is often not what happens. In fact, getting a legal judgment is often closer to the beginning of the debt collections process than it is to the end of it. There is good news: a judgment gives creditors many powerful legal tools that can be used to seek repayment. Of course, it is important to understand certain basic information regarding executing judgments in California as a creditor.

California Business Formation: Four Issues You Must Address

business-startup.jpgThere a few things that are more exciting than opening your very own company. Not only are there potential financial benefits for you and your family, but you have the potential to create something that will help change your local community for the better. Of course, it also must be noted that starting a new business is a major challenge. Sadly, many business ventures simply do not work out. You need to be prepared for the risks. Fortunately, you can go a long way towards reducing the risks involved with business formation by working with an experienced San Jose business law attorney. Your attorney can help guide you through some of the common traps. To get you started, the following is a list of four things that every prospective business owner must keep in mind.