When a business files for bankruptcy protection, they are generally granted an automatic stay. This stay temporarily protects the firm that filed for protection from most legal actions that could be taken by a creditor. This could include the halting of a foreclosure, halting any garnishment or putting a stop on any other type of debt collection activity. However, there are some scenarios where a creditor may be able to get relief from an automatic stay. If you have questions about motions for a relief from a stay, or automatic stays in general, please contact an experienced San Jose creditors' rights attorney for immediate assistance.
Many contract disputes arise over ambiguous terms. If you find yourself in this situation, you need to take swift legal action to protect the interests of your business. An experienced San Jose business contract disputes attorney can help. In many cases, resolving an ambiguity in a contract becomes extremely complex. It is important to understand the basic steps that are required by California law in order to attempt to reach an equitable resolution.
Self-dealing is an unlawful business practice that occurs when someone who has a fiduciary duty puts their own personal financial interests above the interests of the organization to which they owe that duty. In California, self-dealing is a form of business fraud. If your business interests have been adversely affected by insider self-dealing, please contact an experienced San Jose business fraud attorney to learn more about your legal options.
Businesses rely on other parties living up to their contract obligations. Unfortunately, sometimes the other party will fail to uphold their end of the bargain. Your business needs to be prepared to respond in this situation. California uses a complex combination of state statutes and common law to determine your possible remedies. If you have any questions about breach of contract remedies in California, please contact an experienced San Jose contract litigation attorney for immediate legal assistance.
One of the more frustrating experiences for a business owner is watching a direct competitor use false or misleading advertising to sell their product or services. Their false advertising can hurt your business. Fortunately, both California law and federal law provide for a potential remedy. You can take action to protect your business from a competitor's unfair tactics. Identifying false advertising can be challenging, so it is important to understand the law. If your Bay Area business has been negatively affected by a competitor's false advertising, or you wish to learn more, please contact an experienced San Jose business litigation attorney immediately.
An executory contract is simply a contract that has yet to be fulfilled by either party. In other words, both parties to the contract will still have remaining performance obligations. Executory contracts can play a significant role in a business bankruptcy case. If you have any questions or concerns about how an executory contract might impact a bankruptcy case, contact an experienced San Jose business bankruptcy attorney to learn more.
Many business owners whose businesses have gotten into financial trouble wonder if they can be held personally liable for the debts incurred by their business. In addition, they are often concerned that filing for a business bankruptcy will affect their personal finances. Whether a business owner will be held liable or affected by a business bankruptcy depends on a number of factors, some of which are discussed below.
The business environment in the United States can be a ruthless place. Companies that sell similar goods and services to a particular market often spend millions of dollars competing with one another over customers and may even go as far as to engage in conduct that many people would find morally reprehensible if it occurred between individuals. Competition in business often benefits consumers by improving products and lowering prices, so, to some extent, it is encouraged. On the other hand, there are some types of business competition that are blatantly deceptive or amount to theft and, as such, are prohibited by state and federal law.
Starting your own business can be an extremely rewarding venture, both personally and financially. It is important for potential entrepreneurs to be aware of the fact, however, that even a one-in-a-million business idea that has tremendous potential could easily be derailed by failing to consider the myriad legal issues related to starting and operating a business. Fortunately, by consulting with an attorney familiar with California business law, startup founders can maximize their chances for success and limit their legal liability. Some of the ways a lawyer can help entrepreneurs are detailed below. For specific advice regarding your situation, call our office today.
Chapter 11 bankruptcy is a type of reorganization bankruptcy that is available to both individuals and business entities, although it is predominantly utilized by businesses. It is important to understand some of the ways that businesses can benefit for filing for Chapter 11 bankruptcy protections. For more information or for answers to specific questions regarding your case, call our office today to speak with a San Jose bankruptcy attorney.