Bankruptcy & Commercial Litigation
Bankruptcy represents a longstanding commitment in this country to helping people get a fresh start. This principle has never been giving only certain people a fresh start.
We are sure you know of at least one person in your life that has faced the following obstacles: A tenant who is trying to get repairs done for their home but a landlord is not cooperating. A worker who is filing suit because an employer is not providing the proper wages for the work that has been provided, or a business partner who signed a contract but did not know the intricacies or definitive details, which ultimately created challenges for the individual. This individual perhaps when discovering of the undisclosed details of a contract, he or she is still contractually bound to fulfill the document’s requirements. Perhaps you are facing a similar issue. You have exhausted all options to take control of the situation at hand, and know you are faced to take legal action. Perhaps this was the last action you had to take in order to let your voice be heard. We understand that it is incredibly frustrating to face such obstacles, but know that you have done everything within your resources to achieve some sort of agreement or resolution. Knowing that you need outside counsel shows incredible self-awareness. We are glad that you were guided to us to help you solve your civil matters in the most efficient of ways.
If you are concerned about the challenges ahead with your civil matters; that is perfectly understandable. We are not just fighting for your money or any other rightful resolution, but ultimately, we are fighting for your peace of mind. We will do so to the best of our abilities. Don’t hesitate on speaking with us to know exactly what steps we may need to take to solve your civil matters.
What is Corporate Litigation?
The scenarios that we have presented all deal with civil matters. Civil litigation entails two or more parties that are in a legal disagreement, where ultimately parties seek resolution through a court of law. These resolutions in most cases take the shape of money damages or another form of specific performance. Because parties are seeking such judgments, criminal sanctions are not sought after.
Corporate litigation deals with any conflict that arises between businesses or parties within the business setting. Whether your concern is based within a corporate or civil setting, the Law Office of Yates and Associates is here to establish the best avenue to obtain your desired resolutions.
Types of Corporate Litigation?
The Law Office of Yates and Associates has expertise in many types of disputes within corporate litigation, which include the following:
- Landlord/Tenant Disputes
- Contract Review
- Employment Discrimination (Race, Age, Disability)
- Wage Disputes
- Real Estate Disputes
- Intellectual Property (Copyright, Patent, Trademark Law)
- Product Liability
Successful litigators require extensive expertise. They should be exceptional orators, negotiators, and researchers. Most importantly, they must know how to fight for you. They must take into consideration your interests to efficiently go through the many obstacles that the litigation process can bring. A litigator should not be afraid of the challenges ahead, and the only concern should be the client’s well being.
As individuals, there will be a day where we will face some sort of hurdle. Some individuals deal with issues regarding their financial position. We all perhaps know of someone that has suffered economic struggle. We are very familiar with this. Conflicts come about when money is involved. Family relationships, friendships, and other relations tend to break because there was a disagreement in the handling of finances. There are a group of individuals whose lives completely change because of their finances. Their conditions are so dire that they are not able to pay their debts to their respective entities. When there is no other recourse, many individuals legally file for bankruptcy. Bankruptcy is the legal process where an individual declares his or herself unable to pay debts. The Law Office of Yates and Associates can help individuals through the bankruptcy process.
We can help individuals help file the following forms of bankruptcy:
Chapter 7 Bankruptcy
Chapter 7 bankruptcy process entails a court-appointed trustee that sells the debtors non-exempt assets then uses that money to pay back creditors and other entities. Non-exempt assets include a vacation home or any property that is not your main residence, secondary vehicles, specific investments, and collection of items that has value. This is the most common form bankruptcy that is declared. For individuals to qualify for this form of bankruptcy relief, they must pass the means test. The means test calculates the debtor’s monthly income for the six months prior filing for bankruptcy with his or her state’s median income. If the income earned is equal or below the state’s median income, then he or she can file for Chapter 7 bankruptcy. Some of the steps that a debtor must take in order to process this form of bankruptcy efficiently include gathering financial records and provide notices when filing in order to avoid any issues during the process. Contact the Law Office of Yates and Associates and discover if Chapter 7 Bankruptcy is right for you
Chapter 11 Bankruptcy
We are all very familiar when individuals file for bankruptcy for their financial concerns. Fortunately, there are debt solutions for business entities. Chapter 11 bankruptcy allows businesses such as corporations, limited liability companies, and partnerships to create a reorganization plan in order to remain in business while providing payments to its creditors. The reorganization plan consists of investigating and setting a way to make payments to various entities that include stockholders and state and federal tax organizations. The reorganization plan also allows businesses to continue operating and providing services and/or products while simultaneously creating strategies to reduce the probability of returning to a state of bankruptcy. For a reorganization plan to be approved, a court must decide if the plan is fair and balanced to the creditors. If the plan is court approved, the Chapter 11 bankruptcy process can continue.
We know that your business is perhaps one of the most critical aspects of your life. It is your livelihood, and it is your heritage that you will possibly provide to your descendants. You shouldn't feel ashamed for pursuing this route for your business. You are seeking Chapter 11 bankruptcy to protect your legacy. This is undoubtedly a just reason to explore this process. Contact the Law Office of Yates and Associates and discover if Chapter 11 Bankruptcy is right for you.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a solution for those seeking to reorganize their debts and other financial obligations through a dedicated plan. This reorganization or repayment plan is created to pay back debts to creditors and other entities in a given time frame. For Chapter 13 bankruptcy, the period for repayment is between three to five years. To be eligible, you must have a reliable source of income. Such income can include job wages, retirement and even disability benefits. Chapter 13 bankruptcy is appropriate for debtors who are seeking to ensure that their assets are retained. Homes, cars, and non-exempt property are protected during the Chapter 13 bankruptcy process. This means that debtors can avoid home foreclosure and make up for missed mortgage and car payments, for example. Another essential benefit of this form of bankruptcy is that there are no income tests. Anyone can file Chapter 13 bankruptcy, unlike Chapter 7 bankruptcy, where there are specific income requirements and a means test. Because Chapter 13 bankruptcy is based on reorganization of debt, where payments will be made during a specific time frame, future lenders look favorably on Chapter 13 bankruptcy. Lastly, those who choose to go forward with Chapter 13 bankruptcy proceedings will find themselves being able to establish their credit relatively quickly. Credit is usually established in 12 to 36 months.
Contact the Law Office of Yates and Associates to see if Chapter 13 bankruptcy is right for your financial circumstances.
Being sued, filing a lawsuit, or declaring bankruptcy, contact our law office today for the representation, counsel, and guidance you need.