What is a Partition Referee?
November 17, 2023
It’s unfortunate but true: conflicts arise constantly over property, especially real estate. This conflict could take place between a couple who is divorcing, co-owners of a failing business, siblings having to deal with a joint inheritance of real property, or any other group of people who have legal claims to the same property. In these circumstances, a court may choose to appoint a partition referee to manage the sale and distribution of funds.
Assignment Orders Effectuated by Post-Judgment Receiverships
October 9, 2023
After a judgment is issued, it can be a challenge to enforce that judgment. Too often, losing parties attempt to avoid payment of a civil judgment. A court-appointed receiver is one of the best tools that you have at your disposal when you or someone you represent is owed money on a judgment from an uncooperative party. Receivers can enforce assignment orders to take over certain rights of judgment debtors so that the judgment creditors can get what they are owed.
Distressed Properties: 5 Clear Signs
October 4, 2023
Do you have concerns about a property in your neighborhood that seems to be deteriorating? Are you a city official who is trying to address dangerous properties in your town? Or perhaps you are an attorney representing a community that is trying to take care of distressed properties. There are clear signs that a property may be considered “distressed,” and there are many stakeholders who are concerned about these properties. If you are one of those concerned parties, this article will help you recognize the signs of a distressed property and how to address them.
What is Neighborhood Blight?
September 15, 2023
When community members discuss neighborhood blight, they are referring to the visible signs of neglect and deterioration in an urban area. Signs of blight include abandoned and dilapidated buildings, vacant lots, trash and debris, and signs of vandalism. Neighborhood blight affects everyone in the community, which is why local leaders often talk about how to fix it. A community’s well-being is strengthened when blight is eliminated, but there are many different approaches to addressing this problem.
Most of the time, restaurant investors, lenders, and co-owners like to think about the positives of their investments – not the potential failure of the restaurant. It’s also hard to imagine a business relationship going sour, but these things happen, too. Restaurants fail, business partnerships become bitter, and stakeholders find themselves in the tricky territory of deciding between taking big losses, filing for bankruptcy, or suing a business partner.
Introduction to Assignments for the Benefit of Creditors
August 2, 2023
An Assignment for the Benefit of Creditors (ABC) is a legal process through which a financially distressed business voluntarily transfers its assets to a third-party assignee for the purpose of liquidating those assets and distributing the proceeds to its creditors. ABC is an alternative to formal bankruptcy proceedings and is governed by state laws in the United States. In this article, we will explain why an ABC can potentially be a good alternative to bankruptcy, and other reasons why a distressed business should consider it.
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