Ya Filthy Animal causes Trademark Dispute
The legal world is replete with stuff you just can’t make up. I’ve written previously on the need of business owners to allocate funds for legal expenses – because they will arise. What do you do when a potential online attack takes place that shuts down all of your sales?
KEEP READING . . .How a Business Small Claims Court Case Works in New York City
We applaud people for taking risks and starting their own businesses. Whether through the traditional brick-and-mortar storefront or amidst the interwebs, people start their own businesses each and every day in the hopes that their creation will return handsome profits. Unfortunately, part of the business owner’s operating expenses MUST include legal fees. Not just legal fees […]
KEEP READING . . .Pro Se Debtors Must Comply With Court Directives
I understand the want to handle legal matters by yourself. The thought of having to pay legal fees makes almost everyone cringe in fear. The practice area does not matter, I see it every day. Bankruptcy. Landlord-Tenant. Commercial litigation. No one wants to pay for attorneys fees. Additionally, there is a thought floating around that […]
KEEP READING . . .Is Bankruptcy for a Business a Good Thing?
As the economy of the United States continues to grow, and access to lines of credit are freeing up, new businesses are starting to proliferate. Personally, I think that is a great sign. Unfortunately, however, the reality is that many new businesses fail. Whether it was due to poor planning, inefficient distribution of resources and […]
KEEP READING . . .Can Bankruptcy Stop Eviction?
This case comes out of our own Eastern District of New York. Sometimes, people file for bankruptcy on an emergency basis to ward off a pending foreclosure or eviction. If you can avoid a last-minute filing, it helps so that necessary parties are provided notice. Although the filing of bankruptcy triggers the automatic stay (in […]
KEEP READING . . .Are Agreements NOT to File Bankruptcy Enforceable?
Once in a while, I speak with someone inquiring about bankruptcy. Many boilerplate agreements, such as residential leases or contracts you can purchase in a store, contain an ipso facto clause – if a party files for bankruptcy, then the contract is terminated. Many, if not most courts, have held that such clauses are unenforceable.
KEEP READING . . .