Bankruptcy creditors are defined as those with claims against the debtor that arose before the bankruptcy case was filed. Because bankruptcy involves tiered payments –whether in a lump sum or through a repayment plan– some creditors have priority over others. This gives them the first right to repayment when the…
Continue ReadingWhether Chapter 7 creditors can get all their money back during bankruptcy proceedings depends on their priority status, if any, and the debtor’s assets. Unsecured creditors –such as credit card companies– rarely recover all their money. However, certain secured and priority unsecured creditors might obtain some relief if they work…
Continue ReadingAlthough Chapter 7 petitioners are required to disclose their creditors, this does not guarantee the security of your claim. Creditors must still take quick and decisive action to protect their interests once a debtor files for Chapter 7 bankruptcy in Colorado. For over 30 years, the dedicated creditors’ rights lawyers…
Continue ReadingBankruptcy isn’t a get out of jail free card for debtors. Although it stops collections and stays litigation, both secured and unsecured creditors have significant rights during the bankruptcy process. At Brown Dunning Walker Fein Drusch PC, we’ve been representing the rights of lenders during bankruptcy proceedings since 1987. Our…
Continue ReadingEffectuating a successful business merger involves complying with a complex combination of state-specific corporate laws, federal regulations, industry-specific requirements, and private shareholder agreements. Though not every merger is subject to every corporate regulation, you need an experienced Denver M&A lawyer from Brown Dunning Walker Fein Drusch PC to help you…
Continue ReadingFranchise agreements are contracts entered into between franchisors—typically established brands such as McDonald’s—and individuals or small businesses seeking to operate a franchise location. By their very nature, franchise agreements allow the franchisee to lawfully use the franchisor’s intellectual property (IP)— such as trademarks, copyrights, patented programs, or secret recipes—in exchange…
Continue ReadingWhile shareholder agreements cannot always prevent shareholder disputes or associated litigation, they can help end them. Shareholder agreements are binding contracts, and strong business contracts might result in more favorable judicial outcomes and give you leverage during alternative dispute proceedings. Avoid expensive shareholder litigation and proactively address potential disputes with…
Continue ReadingDisputes among shareholders—or between shareholders and management—can be highly disruptive to a business. Colorado law encourages parties to resolve these issues outside of court when possible. In some cases, judges may even require good-faith efforts at resolution before specific claims can proceed to trial. Resolving a shareholder dispute early, privately,…
Continue ReadingBusinesses with multiple shareholders can face internal tension, especially when expectations diverge. While shareholders often share a common interest in the company’s success, disputes can and do arise and, if left unresolved, they may disrupt operations, affect morale, or lead to costly litigation. Understanding the most common causes of shareholder…
Continue ReadingAs businesses grow and evolve, they often seek strategic opportunities to scale. One common pathway to growth is through a merger, which involves two or more companies combining into a single legal entity. Mergers can reduce costs, eliminate competition, increase market share, and open new channels for distribution, customers, or…
Continue ReadingSome people explore owning a business by buying into a franchise, rather than building something from the ground up. A franchise is a business owned and operated by an individual (the franchisee) under a larger company’s branding, systems, and controls (the franchisor). The franchisee pays for the right to use…
Continue ReadingForming a limited liability company (LLC) offers business owners the key advantage of protecting personal assets from business liabilities. But that protection is only as adequate as the structure supporting it. One of the most important—and often overlooked—documents for an LLC is the Operating Agreement. While Colorado law does not…
Continue ReadingIf you are in a business partnership, planning for the unexpected is as essential as managing day-to-day operations. A buy-sell agreement is one of the most effective tools for safeguarding business continuity and avoiding costly disputes. A buy-sell agreement is a legally binding contract that governs how ownership interests are…
Continue ReadingCreditor objections often play a pivotal role in shaping or defeating a Chapter 11 plan. In Chapter 11 bankruptcy, the debtor proposes a reorganization plan to restructure debts while continuing operations. It is like a Chapter 13 plan except that it’s for businesses. But this doesn’t mean creditors are powerless. …
Continue ReadingIf you own a business and are owed money from a customer or vendor, you may wonder if you can recover the amounts owed if they file for bankruptcy. When someone who owes you money files for bankruptcy, their debts do not magically disappear. The type of bankruptcy they file…
Continue ReadingAny legitimate business deals with contracts, whether with an employee, client, vendor, or other business. Drafting a contract can be a real hassle at times, but having one in place is well worth it. A contract can help protect you legally should an issue occur. Contracts outline the responsibilities of…
Continue ReadingStarting a business takes a tidy sum of money. You need to have money for operating expenses, materials, employees’ wages, rent, utilities, and many other things that crop up. So when someone suggests having a lawyer as well, you may feel overwhelmed. Yes, a good business attorney can be pricey,…
Continue ReadingIn real estate transactions, you may encounter various legal documents. One of them is called a quitclaim deed. This deed is a legal document used to transfer ownership or interest in real estate from one person (the grantor) to another (the grantee). Unlike warranty deeds, quitclaim deeds are often used…
Continue ReadingWhen hiring a contractor for a home improvement project or another construction-related task, we expect professionalism, quality work, and timely completion. Unfortunately, finding the perfect contractor can be challenging. Many homeowners face delays, unexpected costs, or contractors demanding excessive upfront payments. Worse yet, some contractors disappear with their clients’ money…
Continue ReadingIn Colorado, renters have solid legal rights in place, meaning landlords must proceed with caution regarding eviction. If you fail to follow the established legal requirements, you’ll likely have to start back at the beginning, which translates to spending more time and more money in the process. Discuss your eviction concerns…
Continue ReadingWhile squatting isn’t legal and is often compared to trespassing, squatters have rights under certain circumstances in Colorado – and in every other state–and are protected by adverse possession laws. This is a challenging but essential area of the law that you – as a landlord or property owner –…
Continue ReadingForeclosure is the legal process lenders use to recover the balance of a loan from a borrower who has stopped making payments. A foreclosure lawyer with Brown Dunning Walker Fein Drusch PC can help you through this process to secure the property in question and recoup your financial investment. We…
Continue ReadingWhen you sign a business contract, it’s important to recognize that you’re entering into a legally binding agreement with the other parties involved. When a party to a contract fails to fulfill the obligations that they signed off on, it’s called a breach of contract, and it can lead to…
Continue ReadingCommercial tenant evictions are sometimes necessary when tenants fail to uphold their lease obligations. Whether they’ve defaulted on rent payments, violated lease terms, or abandoned the property, you might need to remove them from your premises. When that happens, a Brown Dunning Walker Fein Drusch PC real estate lawyer can…
Continue ReadingIf an employee or another relevant individual breaks an NDA (non-disclosure agreement), you should discuss your specific situation with an Arkansas contract lawyer as soon as possible to learn how you should proceed, ensure your rights are protected, and determine the best legal recourse for you. If you have yet…
Continue ReadingWhether you have a startup, already have a thriving business, or are considering opening a business, it’s in your best interest to seek guidance from a competent Colorado banking and finance lawyer. They can advise you on how to structure and operate your business to meet your goals and ensure…
Continue ReadingContracts are a critical component of business relationships and transactions, and a better understanding of the role they play can help you improve your own business standing. If you have a contract concern or are interested in tightening up your own contracts, it’s time to consult with an experienced Colorado…
Continue ReadingThe business world relies on contracts to ensure individuals, companies, or parties act as promised and expected. When someone breaches a valid agreement or contract, that means they have failed to follow through with what they agreed to do without a lawful reason. When this happens, the non-breaching party’s Colorado…
Continue ReadingThe time it takes to foreclose a home in Colorado varies based on several factors but is typically between four and five months. It can be a complex and lengthy process, and it’s crucial for banks, creditors, or lenders to know not only their legal responsibilities and rights but the…
Continue ReadingOnce a lender in the State of Arkansas begins the foreclosure process, it can proceed very quickly. Most homeowners, however, are protected by federal laws that require lenders to wait at least 120 days before commencing foreclosure. As a lender, you should seek an experienced Arkansas foreclosure attorney to guide…
Continue ReadingReal estate law is complex but getting it right can play an important role in your ability to protect your assets. If you are buying a home or a commercial property in Colorado, you’ll very likely need to purchase title insurance. Title insurance is a contract between the person purchasing…
Continue ReadingColorado has some unique banking laws and regulations regarding consumer credit, and a recent law helps emphasize this point. If you have questions or concerns regarding your rights and ability to collect on consumer debt, don’t hesitate to consult with an experienced Colorado business and banking attorney. A Limit on…
Continue ReadingWhen an account goes into collections, there are state and federal laws in place to help protect both creditors and borrowers, and a better understanding of these laws can help you better protect your bottom line. If you’re facing a concern related to debt collections, reach out for the skilled…
Continue ReadingThe answer to this question varies based on the specific kind of debt that the creditor is trying to collect. The statute of limitations on debt collection in Arkansas refers to the time limit or deadline given to creditors for collecting debt through legal channels. The time limit, which is…
Continue ReadingEffective debt collection is integral to the financial health and viability of any business. Fortunately, when bills pile up because creditors can’t collect the money they’re owed, the law provides a range of rights, like the ones below, to help make certain that they recover the money they are entitled…
Continue ReadingIn Arkansas, when a civil case is resolved in court, there is a complex appeals process that is available under certain circumstances. While an appeal doesn’t retry the case or afford you a new trial, it can address any procedural errors that may have occurred – in addition to any…
Continue ReadingWhen a civil case goes to court in Colorado, the judgment entered by the court can be appealed. An appeal does not mean a retrial or a new trial but, instead, addresses alleged errors in the procedures employed in the original trial or in the judge’s or jury’s interpretation or…
Continue ReadingMany individuals and business owners who are considering entering a contract wonder whether they need legal counsel and review of the agreement. Absolutely, having your lawyer review your contract is a critical step in protecting your legal interests and ensuring that the terms are fair and favorable to you. Most…
Continue ReadingLender liability claims are among the most complex cases that lenders will face at some point. These claims are brought against small and large banks, private and commercial lenders, leasing companies, mortgage lenders, finance companies, and even retailers and auto dealers. Lender liability law provides strong protection for borrowers. In…
Continue ReadingColorado’s 2023 legislative sessions resulted in several changes to residential landlord-tenant laws, including changes in the process for tenant applications and screening. All property owners and management companies should be aware of the changes to ensure their application processes and lease agreements are in compliance with updated state laws. If…
Continue ReadingThe Financial Crimes Enforcement Network (FinCEN) is a Treasury Bureau with key requirements for many financial businesses. FinCEN regulations aim to prevent money laundering and other financial offenses. When necessary for a business, complying with FinCEN regulations is critical to avoid legal or even criminal consequences. Beginning January 1, 2024,…
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