Businesses often face disputes that require resolution, but choosing the right method can make a significant difference. Mediation and litigation offer two distinct approaches, each with its own benefits and drawbacks. Understanding these options helps determine the...
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What are common remedies for breach of contract in Kentucky?
A broken contract can put a business in a precarious situation. Financial losses, project delays, and damaged relationships can result when one party fails to do what they promised. However, Kentucky law offers several options for the non-breaching party to protect...
Could receivership be your business solution?
When financial challenges arise, receivership can be a strategic choice for businesses in Kentucky. This process can stabilize operations and help protect interests without involving the court system. What is receivership? Receivership involves a neutral third party,...
GO Bond Debt: Is It as Golden as You Think?
By: Laura Day DelCotto The year end news is full of the repercussions of the interest rate increases for everyone, including issuers of municipal bonds. Municipal debt is never immune from the private sector market forces. I am sometimes frustrated by the general...
Laura Day DelCotto Named to the 2023 Best Lawyers in America© List
Laura Day DelCotto, founding member of DelCotto Law Group PLLC, with offices in Lexington and Louisville, Kentucky, was selected by her peers for the 29th Edition of The Best Lawyers in America ©. She was selected in the areas of Bankruptcy and Creditor Debtor...
Risks of Practicing in Bankruptcy Court
By: Dean A. Langdon You may have seen publicity about bankruptcy cases where legal fees run into the millions of dollars (or more). But bankruptcy courts have a unique process for paying attorneys that represent debtors, trustee or creditor committees. The attorneys...
Pulling a “J. Crew” – Loopholes in Loan Documents Create Fashionable Surprises
By: Laura Day DelCotto Showing my age, I have loved J. Crew since the preppy days of the 1980s. When I was pulling a J. Crew, that usually meant I was using my father’s credit card to go to the mall and get some pink and green. However, in 2022, “pulling a J. Crew”...
Tips for Submitting an Offer in Compromise to the Small Business Administration
If you have received a 60-day notice from the Small Business Administration (the “SBA”) that your debt will be submitted to the Department of Treasury for collection, you want to take quick action to resolve your liability with the SBA. Once this has been turned over...
Issues for Healthcare Entities in Chapter 11 Bankruptcy
As the Covid-19 pandemic had significant impact on hospitals and other health care institutions that led to equipment and staffing shortages and declining revenues, we are likely to see a rise in chapter 11 bankruptcies for health care businesses. There are several...
Mediation to Resolve Business Disputes
By: Dean A. Langdon Our court system is highly developed to help resolve disputes and maintain the rule of law in our society. But participating in the legal system can be expensive, complicated and lengthy. Mediation is an alternative method for resolving disputes...