By: Jamie L. Harris As the Covid-19 pandemic had significant impact on hospitals and other health care institutions that led to equipment and staffing shortages and declining revenues, we are likely to see a rise in chapter 11 bankruptcies for health care businesses. There are several considerations that are unique for health care entities as opposed to other businesses in chapter 11 including: The Appointment of a Patient Care Ombudsman Unless the Court determines it unnecessary, a patient care ombudsman is typically appointed in health care business bankruptcy cases to monitor the quality of patient care and represent the interests of patients. A [...]
Wed, May 11, 2022
Source: DelCotto Law Group
By: Laura Day DelCotto So, we know from our long experience here that bankruptcy sales can get very messy. The Seventh Circuit’s recent 5 page opinion makes it clear that the one who needs to care the most is often the buyer. Notice of Sale is a Basic Right In Archer-Daniels-Midland Company v. Country Visions Cooperative, we can see that even sales more than 10 years old can run into problems. In a 2010 chapter 11 case, the debtor in possession ended up with an agreed plan which included selling a piece of real estate to ADM as the buyer. Short findings of [...]
Wed, May 04, 2022
Source: DelCotto Law Group

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Managing our emotions, feeling them, acknowledging them, and understanding them whether negative or positive, will help us better manage our interactions with other people. In all types of negotiations as well as in divorce and family conflicts mediation, where the parties are dealing directly with one another, being attentive to our and to other people’s emotions can have a direct impact on the outcome.

This insight can help foster reciprocally positive emotions and, as matter of fact, the core concerns can even be used intentionally to set a positive tone to the negotiation. 

I invite you [...]

Wed, May 04, 2022
Source: Safian Mediation
HLA - Our Practice Makes PerfectU.S. business owners have choices when they set up a new company, one of the most fundamental of which is choosing the state (or territory) of incorporation/organization.  This article provides an overview of key considerations for determining the best jurisdiction for your company.

You have probably heard that large corporations tend to select Delaware as their state of incorporation.  Why would a company that does business nationwide choose Delaware for its headquarters?  And, what are the hot new “jurisdictions” these days?

Corporations start up by “incorporating.”  All other forms, such as LLCs and partnerships, start up by “organizing.”  [...]

Thu, Apr 28, 2022
Source: Harrington Law Associates
HLA - Our Practice Makes PerfectWhen a commercial tenant defaults on its lease, some strategic decisions need to be made by both the tenant and the landlord. As with any lease that ends in default, emotions tend to run high.  Commercial tenants often have feelings about how the landlord’s conduct, or the condition of the premises, led to the failure of the business.  On the other hand, commercial landlords always suffer significant losses when a tenant defaults.  So, very often, one or both sides are very upset. The purpose of this article is to make both parties aware of the common considerations [...]
Fri, Apr 22, 2022
Source: Harrington Law Associates

Deciding to divorce is a huge decision fraught with emotions. Once the decision is made, however, how do you proceed? If you have wisely decided to pursue divorce mediation, there are things you can do to prepare. This video blog will explain some of the things you can do prior to your first mediation session to help ease the process.

The post what to do to prepare for the mediation process [video] appeared first on divorce and family mediation in nyc, by jennifer safian divorce mediator.

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Wed, Apr 20, 2022
Source: Safian Mediation
By: Dean A. Langdon Our court system is highly developed to help resolve disputes and maintain the rule of law in our society. But participating in the legal system can be expensive, complicated and lengthy. Mediation is an alternative method for resolving disputes that can deliver a better result sooner and at a lower cost than the legal system. Dean Langdon with DelCotto Law Group has been a mediator for almost 30 years and wanted to share information about mediation to help you resolve problems, now or in the future. What is mediation? Mediation is an informal process where a neutral third person [...]
Wed, Apr 20, 2022
Source: DelCotto Law Group
HLA - Our Practice Makes Perfect

The purpose of this article is to provide an overview of the company formation process in Florida for first-timers.

One of the great things about doing business in the US is how quick, easy and inexpensive it is to form a company.  Florida is no exception.  And, as one of the States that has good weather and no income tax, Florida has become a target destination for entrepreneurs, both domestic and foreign. Register with the State Department

As with all States, the Florida Department of State requires business entities of all types to be registered with its Corporations [...]

Wed, Apr 20, 2022
Source: Harrington Law Associates
It’s critical for your business in Kentucky to stay afloat, but if you are having trouble making your business loan payments, you shouldn’t panic. Instead, work out a payment plan with your lender to keep your company running. Here are some options that may be available for you. What can trigger a business loan workout? The first and most obvious trigger for a business loan workout is financial difficulties within the company. If your business is not generating enough revenue to cover its expenses, you will likely start to miss loan payments. At this point, you will need to work with your [...]
Mon, Apr 18, 2022
Source: DelCotto Law Group
By: Laura Day DelCotto The primary goal of filing bankruptcy is commonly understood to be the receipt of a discharge of debt, and having a “fresh start” in life. There are probably thousands of cases that state this legal proposition, including Supreme Court cases dating back over 100 years. See Williams v. US Fid and Guar. Co., 236 US 549 (1915). Certain Debt Exceptions to Discharge While receiving a discharge is a primary purpose of a bankruptcy filing, not all debts are discharged. Some kinds of debts, such as certain taxes, domestic support obligations, and federal student loans, are automatically not discharged [...]
Wed, Apr 13, 2022
Source: DelCotto Law Group

There is a misconception out there that in mediation, couples are not well protected. This video blog takes a look at that and outlines the many ways that you can do your due diligence and be protected, even in mediation.

The post how to be protected in the mediation process [video] appeared first on divorce and family mediation in nyc, by jennifer safian divorce mediator.

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Wed, Apr 06, 2022
Source: Safian Mediation
HLA - Our Practice Makes PerfectWe are in the middle of the 2022 tax season, but it is not too late to shelter your capital gains from last year.  The Qualified Opportunity Zone Fund Program allows investors to defer, or entirely eliminate, federal taxes on capital gains (and 1231 gains) from qualifying investments.

The Opportunity Zone program has been around since 2017 but, since the Pandemic, it has received some beneficial tweaks you should know about.

Benefits

Some of the deadlines under the program have already passed, but the benefits still available are impressive.

The first thing you need to understand [...]

Sun, Apr 03, 2022
Source: Harrington Law Associates