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Association – A Not So Perfect Fit Richard R. Thames Thames | Markey Jacksonville, Florida April 24, 2023 The Small Business Reorganization Act of 2019 (the “SBRA”), codified at 11 U.S.C. § 1181-1195, created a new subchapter of reorganizations, known as “subchapter...
One of the biggest concerns a small business owner may have when considering bankruptcy is the potential effects on their personal assets. Particularly as a small business owner, there may be an overlap between your personal and business finances. To take advantage of...
Most franchise agreements include provisions that spell out complete details of the partnership, from starting and operating the franchise to the right to use the franchisor's logo and trademark. It details responsibilities, territory restrictions if any, and fee...
Sometimes when business owners are going through bankruptcy, they end up making errors that can affect the outcome of the filing. Business owners, particularly small to midsized businesses where the owners are often the operators, take the financial failures of the...
When filing for bankruptcy in the state of Florida, there are a number of exemptions available to help a business stay afloat and pay off creditors. These exemptions include the Homestead Exemption, Personal Property Exemption, Motor Vehicle Exemption, and Wildcard...
Are you a business owner in the franchise industry? If so, it’s important to understand the concept of franchise encroachment and how it can affect your business. In essence, franchise encroachment occurs when a franchisor deliberately invades a franchisee’s territory...
Starting a franchise in Florida is a great way to enter the business world. You receive the franchisor's business assistance and expertise alongside brand recognition, buying power, a built-in customer base, and minimized risks. But a franchise comes with unique...
It is no secret that the last couple of years has taken their toll on small and medium-sized companies. If your business is struggling and you are considering filing for bankruptcy, Chapter 11 may be your best option. Chapter 11, often called reorganization...
As a business owner, facing involuntary bankruptcy can be a terrifying prospect. It's important to know what steps creditors can take to force your business into bankruptcy and how to prevent it from happening in the first place. What is involuntary bankruptcy?...
In a commercial lease agreement, a "force majeure" clause or an exculpatory clause can protect either party in the event of an unpredictable circumstance. Since both clauses are designed to provide protection by limiting liability in commercial real estate...