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Columbia Creditors Rights Law Blog

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.

Are There Legal Remedies For Property Encroachment?

Boundary lines are typically clearly defined in surveyor’s assessments held on file. However, in the real world, boundaries might start to be defined by landmarks such as trees, shrubs or the edge of a driveway. If you are concerned about boundary lines or property encroachment, it is crucial that you take steps to fully understand the dispute.

Most often, property encroachments refer to boundary disputes between neighbors. Neighboring properties can either be commercial or residential, but the crucial element is always to clearly define the actual property lines. Encroachment can mean different things in different situations. For example, a residential neighbor might build a fence or a deck that crosses the official boundary line into your property. A commercial neighbor might erect marketing elements, signage or a new parking lot that encroaches onto your property. While the first reaction might be frustration – or even anger – it is wise to remember there are legal remedies to this type of dispute.

Can A Quiet Title Action Disrupt A Real Estate Transaction?

A dispute can arise along any axis of a real estate transaction. Typically, commercial real estate transactions are more complex based on numerous moving parts and a variety of involved parties. While a disagreement might center on environmental issues, contract disputes or boundary discrepancy, one legal action that can arise is a “quiet title action.”

An action to quiet title is essentially a lawsuit brought to establish a party’s title to real property. The goal of this action is to eliminate – or quiet – any challenges made against the title. With the complexity of many commercial real estate deals, it is not uncommon for a title search to uncover a dispute. These disputes often must be resolved in court.

Numerous Reasons Why A Structured Settlement Might Be Denied

While selling a structured settlement can be a simple, straightforward process, there are numerous protections built in to ensure the seller is legally protected from a poor financial decision. Likewise, the company that is planning on purchasing the structured settlement payments must take steps to ensure they don’t suffer financial harm following the transfer of a structured settlement.

Protecting Assets Through Pre-Judgment Remedies

Allowing a bankruptcy to proceed without taking the time to protect asset value can spell financial disaster for a creditor. Once a bankruptcy judgment is made, a creditor’s options for enforcing collection become limited. Likewise, the payment of debt will often follow a priority system meaning that funds might be exhausted well in advance of repayment.

What options does a creditor have in this situation?

Eviction, tenants and bankruptcy: What can a creditor do?

Moving forward with an eviction is not an easy matter. Add in a tenant going through bankruptcy and the matter becomes even more complicated. Fortunately, the creditor in this situation has certain rights. The rights vary depending on the filing date for the bankruptcy.

How does bankruptcy filing date come into play when evicting a tenant? Landlords must take the bankruptcy filing date into consideration when attempting to evict a tenant. This date will fall either before or after the eviction process was initiated and will have the following implications:


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