If you are a property owner who has had a construction lien filed against your property, you may have defenses allowing you to discharge the lien at the lien claimant’s expense. Liens against property are problematic because they can prevent transfers of the property or impede your ability to obtain a mortgage. This article will explore some of the defenses available in the event a construction lien has been claimed against your property.
For most residential construction contractors, the risk of non-payment is a threat that, if realized, can cease the day-to-day operations of the business. Non-payment usually stems from a dispute between the owner and general contractor (“GC”) regarding the quality of the work. Regardless of whether you are a GC or subcontractor, the filing of a construction lien is a powerful weapon against non-payment. In the residential construction context, the filing of a construction lien has additional requirements above and beyond that of commercial construction. This article will discuss the added requirements necessary to validly record a residential construction lien claim.
As a full service law firm, Scura, Wigfield, Heyer, Stevens & Cammarota LLP provides legal services and advice to both established corporate entities and start-up companies. One of the most common questions that individuals looking to launch a start-up company ask is: What type of business entity should I form? Our firm has extensive experience with Limited Liability Companies, C-Corporations, S-Corporations, Partnerships, and Sole Proprietorships. Notwithstanding, the most common types of business entities are LLCs and Corporate Entitles, C-type and S-type. This blog will focus on the legal issues related to the two most common business entities. Lastly, please speak with a tax professional prior to forming a corporate entity to determine which tax classification is best for your business purposes.
Many business owners find themselves in a situation where they are saddled with debt and can see no way out. These businesses may even own real property facing foreclosure. An insolvency proceeding through the bankruptcy court or an assignment for the benefit of creditors through the State Court may be the answer to your problems.
If you file personal bankruptcy and you own a business you have to be careful on the impact the bankruptcy will have. The first thing that has to be determined is the type of ownership structure, i.e., sole proprietorship, corporation, partnership or limited liability company. Next, you want to have an idea of the rough value of that business interest. To be sure, you want to be able to continue to operate and protect your ownership interest in the business if you file a bankruptcy.
Have you ever wondered how referrals work in law firm in New Jersey? Check out how the New Jersey Court Rule allows division of fees to avoid business disputes.
Business Bankruptcy & Licensee Rights
The rights afforded to a licensee under Section 365(n) trump "free and clear" sales under Section 365(f). This was the holding in a recent decision by Judge Kaplan in the Crumbs Bake Shop bankruptcy case; case number 14-24287. A court order allowing the sale of a bankrupt business free and clear of all liens will not reject or terminate a licensee's rights.
An innovative idea or untapped market niche does not automatically translate into commercial success. If you are forming your own business, it must be built upon a proper foundation. The choice of entity and the structuring of ownership agreements are critical elements that are often overlooked or set up improperly. This is how a business litigation or business planning lawyer can help.
(ABC) Viewed as an Effective and Less Costly Alternative to Bankruptcy for the Liquidation of a Business.
It was reported on February 12, 2007 in the National Post (Canada) by Columbia Professor Edward Morrison, that using state insolvency systems is faster and less expensive in most cases. Professor Morrison said, "It's a much less public event than a federal bankruptcy filing, and thought to be very quick and relatively cheap."
New Jersey Chapter 11 Bankruptcy vs. Assignment for the Benefit of Creditors
Like with anything, both chapter 11 bankruptcies and Assignments for the Benefit of Creditors have their advantages and disadvantages. An Assignment for the Benefit of Creditors can be a cost effective way of winding up the business of the Assignor and selling the assets of the Assignor under state court supervision. The buyer of the assets will still have the benefit of a court order stating that he or she is buying the assets free and clear of the debts of the Assignor. The principal of the Assignor is even allowed to buy the assets of the Assignor as long as the court determines that a fair price for the assets was paid. However, if a debtor company is attempting to save its company in its current form, then a reorganization through a chapter 11 bankruptcy is likely the better avenue to take.
