The Mercury News reports that Sungevity, an Oakland-based renewable energy company, has filed for Chapter 11 bankruptcy protection. According to the report, Sungevity has laid off several hundred employees and now plans to sell itself off to Northern Pacific Group, a venture capital company firm based in Minnesota. This sale can only go through with approval from a bankruptcy court.
In 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.
Debtors 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.
In 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.
Confidentiality agreements, also referred to as non-disclosure agreements (NDAs), can help protect the viability of your business. Essentially, these agreements are written contracts that prohibit employees and independent contractors from sharing your company's trade secrets along with other protected business information. All California employers must take great care when crafting these type of agreements, as even minor mistakes can render them unenforceable. Your company's confidentiality agreements should always be drafted and reviewed by a qualified business law attorney.
The term "fiduciary duty" is technical in nature, but in simpler terms, it covers the expectations between business partners to do the right thing when it comes to the working relationship. There are common duties associated with a fiduciary relationship which include duties of confidentiality, loyalty, and good faith.
Entering into a basic contract seems like it should be a simple black and white situation, but there are several factors involved in regards to business transactions. Disputes often arise when there are is question over a contract's meaning, validity, or enforceability. Contracts help protect both businesses and consumers by making an agreement legally binding.