06 April

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A Big Bankruptcy Benefit: Assuming or Rejecting an Unexpired Lease Under Section 365 of the Bankruptcy Code

Posted by amlaw

A Big Bankruptcy Benefit: Assuming or Rejecting an Unexpired Lease Under Section 365 of the Bankruptcy Code Imagine a situation where a commercial tenant files a Chapter 11 bankruptcy. Section 365 of the Bankruptcy Code allows the debtor-tenant to assume or reject an unexpired lease or assign it to a third party. At first blush, it might seem entirely beneficial to the tenant and disastrous for a landlord. However, the Bankruptcy Code offers some protection to landlords. Let’s walk through a common example to demonstrate the options available to a debtor-tenant and landlord in the event the tenant files for chapter 11 bankruptcy...

16 December

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IRS Administrative Appeal vs. Going to Tax Court: Which is Right for Me?

Posted by amlaw

in Tax Law

Letter of Intent: What Is It and Do You Need One?

IRS Administrative Appeal vs. Going to Tax Court: Which is Right for Me? The Internal Revenue Service (IRS) regularly audits individual and business tax returns to verify income, deductions, credits, carryforwards, etc. and ensure compliance with federal tax laws. The different types of audits conducted by the IRS constitute the main source of tax disputes. Typically, tax disputes occur where the IRS and taxpayer disagree on a specific tax position or decision. If you have a tax dispute with the IRS, the Office of Appeals allows you to resolve the issue without going to court. However, depending on the nature and circumstances of...

14 November

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Letter of Intent: What Is It and Do You Need One?

Posted by amlaw

in Contracts, Small Business Law

Letter of Intent: What Is It and Do You Need One? There is much at stake in most business deals. It often makes sense to use a letter of intent to clarify the parties’ intentions. What is a Letter of Intent (LOI)? A Letter of intent (LOI) is a letter between two (sometimes, even three or more) parties or companies outlining the basic terms of a prospective business transaction. Essentially, one company uses the document as a declaration of commitment to do business with another. While businesses can draft similar agreements in many formats, an LOI’s distinct feature is its letter format. Businesses can...

18 October

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Confession of Judgment: Why You Should Be Careful

Posted by amlaw

in Small Business Law

Confession of Judgment: Why You Should Be Careful Imagine losing a case even before the other party files a complaint. At first blush, the possibility seems stunning, even unconstitutional. But, this is precisely the point of a confession of judgment. These types of clauses are commonly found in commercial leasing and commercial lending agreements in Pennsylvania. In fact, Pennsylvania is among the few states that still allow the enforcement of such a provision. What is a Confession of Judgement and Who Uses It? It is important to note that confession of judgment clauses are permitted only in commercial leases and loans, with the...

28 September

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New Changes to Non-Compete Agreements on the Horizon

Posted by amlaw

in Small Business Law

New Changes to Non-Compete Agreements on the Horizon From federal to state laws, there has been a non-compete reform agenda across the country. While non-compete regulation is historically a preserve of state government, there are some federal proposals, including a recent executive order. On July 9, 2021, President Joe Biden signed an Executive Order intended to promote competition and innovation in the American economy. The wide-ranging executive order also directed the Federal Trade Commission (FTC) to regulate non-compete agreements. According to the executive order, FTC should “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit...

06 August

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C Corporations and S Corporations Are Not the Same: Know Before You Choose

Posted by amlaw

in Small Business Law

C Corporations and S Corporations Are Not the Same: Know Before You Choose If you are considering incorporating a business in Pennsylvania, it is not enough to simply file articles of incorporation and obtain an EIN number. You must also determine which corporate status is right for your business. Under IRS rules, the default corporate designation is C corporation. A corporation wishing to conduct business as an S corporation must elect S corporate status prior to filing its initial corporate return. Failing to do so could cost the corporation and its owners dearly. Before forming a corporation, the owner(s) should carefully consider...

10 July

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Let’s Discuss Bankruptcy Reorganization for Small Businesses…Again

Posted by amlaw

in Bankruptcy

Let’s Discuss Bankruptcy Reorganization for Small Businesses...

26 May

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Why Now is a Good Time to Plan Your Estate

Posted by amlaw

in Estate Planning and Administration

Why Now is a Good Time to Plan Your Estate Many of us are tired of quarantining and keeping a safe social distance. But we know we must continue to do so for our own good health and for the benefit of society in general, despite the financial and emotional toll it is taking. One silver lining for many has been the increased time spent with family and the chance to slow down and smell the flowers, coffee grounds and fresher air around us. Nonetheless, it is a scary time for most, wondering if they might catch the Covid-19 virus and how...

12 April

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CONTRACTS AND CORONAVIRUS: Is the Coronavirus a Valid Excuse for Missing a Contract or Lease Payment

Posted by amlaw

in Contracts, Small Business Law

CONTRACTS AND CORONAVIRUS: Is the Coronavirus a Valid Excuse for Missing a Contract or Lease Payment? These are extraordinary and uncertain times. The one near certainty we have about the future is that it will take a long time to get back to business as usual. In the meantime, most businesses have had to severely curtail or completely shut down operations. To make matters worse, business owners can only guess when they will be able to reopen. All this has had a devastating effect on cash flow. As a business owner, chances are, you have contracts to fulfill and rent to...

27 February

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BANKRUPTCY HELP FOR SMALL BUSINESSES

Posted by amlaw

in Bankruptcy, Small Business Law

Small businesses have long struggled to reorganize under the bankruptcy law. Often times, they have intentionally steered clear of filing for bankruptcy protection because of the daunting costs and long shot odds of successful reorganization. The Small Business Reorganization Act of 2019, enacted on August 23, 2019 and taking effect this month, may prove to be the best thing that happened to small business when it comes to reorganization. It created a new subchapter V for chapter 11 small business debtors. I am excited about the prospect of using this tool for two significant reasons. First, it should streamline the existing...

A Big Bankruptcy Benefit: Assuming or Rejecting an Unexpired Lease Under Section 365 of the Bankruptcy Code

IRS Administrative Appeal vs. Going to Tax Court: Which is Right for Me?

Letter of Intent: What Is It and Do You Need One?

Confession of Judgment: Why You Should Be Careful

New Changes to Non-Compete Agreements on the Horizon

C Corporations and S Corporations Are Not the Same: Know Before You Choose

Let’s Discuss Bankruptcy Reorganization for Small Businesses…Again

Why Now is a Good Time to Plan Your Estate

CONTRACTS AND CORONAVIRUS: Is the Coronavirus a Valid Excuse for Missing a Contract or Lease Payment

BANKRUPTCY HELP FOR SMALL BUSINESSES

Does Filing for Bankruptcy Affect Your Retirement Accounts? Thoughts on IRA’s, 401(k)’s, 403(b)’s, etc. with Estate Planning in Mind

Offer in Compromise: How the 2012 Change in Guidelines Will Help You Settle Your IRS Debts

PARTIAL PAYMENT INSTALLMENT AGREEMENT

BANKRUPTCY HELP FOR SMALL BUSINESSES

CONTRACTS AND CORONAVIRUS: Is the Coronavirus a Valid Excuse for Missing a Contract or Lease Payment