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Columbia Creditors Rights Law Blog

Questions to ask yourself before evicting a tenant

There is always the chance it will turn into an expensive, time consuming process for you when you’re forced to evict a tenant. Whether they were once a good tenant who went afoul of their lease, or are problematic and must be removed, evictions are seldom neat and tidy.

This is why it’s often a good idea to have an experienced attorney on your side to ensure the eviction process goes smoothly and you can carry on with your business. Even drafting the proper documents requires considerable precision and an eye for detail. A skilled eviction lawyer will put in the extra time now to make sure things don’t become tangled later.

Repossession vs. replevin: When to turn to replevin

Movies and television have popularized the "repo man," and the sight of muscle-bound men hauling away furniture, vehicles, and other possessions. Repossession is a well-known concept among the public.

Replevin is much less known--it can be more expensive and take longer, so most businesses choose not to utilize it.

Tenant bankruptcy and eviction

If you are a rental property owner, you have probably had to evict tenants for non-payment of rent. It’s a process that no one wants to go through as it is complicated and often heartbreaking. The process is rarely orderly and property damage is far too common.

If your tenant has declared bankruptcy, however, it becomes even more complicated. It may take months to fully resolve. When this happens, time is of the essence and experience with bankruptcy and debt collection becomes even more important than ever.

When your borrower files for bankruptcy: The dos and don’ts

We all understand that people can get in over their heads and will use the protections of Chapter 13 bankruptcy to keep their property while making payments. But what does this mean if you are the creditor?

Let’s put it right out there: you have rights too. However, there are some things you shouldn’t do as well as some best practice things you should be doing when your borrower files for bankruptcy.

Important considerations of lease negotiations

A lot has been written about lease negotiations for good reason. You should never take a commercial lease for granted. It’s one of the most significant contracts a business owner signs, and a single paragraph of ambiguous language in a commercial real estate lease can result in years of frustration or possible lawsuits.

There are a few noteworthy trouble spots in commercial real estate leases that you want to avoid. Here are a few:

Defending against preference actions in bankruptcy

It is one thing for a customer declaring bankruptcy to discharge its debts to you as uncollectable. But there is an even worse outcome that can occur, called a preference action.

You know you are in a preference action when your company receives a letter of demand from either the debtor or the trustee. The demand is for immediate payment. It will feel like money is going in the wrong direction, and it is.

Why ego is the enemy in rescuing business’ from bankruptcy

The reality that a business is likely to become bankrupt can evoke strong feelings of fear and shame hastily disguised in pride. Too often, a solution is within reach for those who can bend low enough to reach it. If you stay humble, you don’t have to be humbled. This is often true for personal issues as well as business issues.

The threat of bankruptcy signifies areas of weakness and neglect within leadership, business models and/or business relationships. Discussing the state of your business with trusted professionals early on invites perspective into each area of struggle.

What Factors Can Impact Debt Collection?

Debt collection agencies typically move quickly. Based on their experience, the investigative tools they’ve developed and the skills their team has acquired over countless cases, it is in their best interest to resolve matters rapidly and efficiently. However, there are certain elements that might impact their ability to collect debts for creditors.

Landlords Must Be Careful To Follow The Law

Landlords have the difficult task of ensuring both the safety and security of the rental property and the prompt payment of the tenants. While it’s not always the best solution, it might become necessary for a landlord to evict a tenant for either breaking the terms of the lease or failing to pay rent. Since the landlord-tenant relationship is not federally legislated, the landlord must be careful to follow state, county and city guidelines as they relate to evicting a tenant.

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