By Cameron J. Gartland & Michael J. Gartland In the event of a breach of a real estate purchase and sale agreement, there are a few legal terms and nuances to know before diving head-first into resolving the issue. What is specific performance? Specific...
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DelCotto Law Group Named in Best Law Firms List 2022 By “Best Lawyers”®
DelCotto Law Group PLLC is pleased to announce that we have been recognized in the 2022 U.S. News-Best Lawyers® “Best Law Firms” in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (Tier 1). Best Lawyers® and U.S. News...
Mass Tort Chapter 11 Bankruptcy: Collective Fairness or Asset Shielding
By: Laura Day DelCotto There is a huge public policy debate currently going on in the corporate bankruptcy world over mass litigation/mass tort chapter 11 cases. The recent mass tort defendants who have ended up in a chapter 11 include the Boy Scouts of America, USA...
How to Deal with a Preference Lawsuit
By: Jamie L. Harris If your company has been served with a lawsuit asserting preference claims, you will need to file an answer or other responsive pleading on or before the deadline asserted in the summons. To properly evaluate defenses, you will need to locate and...
Bankruptcy Strategies for Dealing with Litigation
By: Jamie L. Harris If you or your company is facing a sizable lawsuit, then you may be considering various bankruptcy options. First, if a judgment has already been entered, you will need to decide if you plan on appealing the judgment or not. For many, an appeal...
Should I Make Partial Payment on My Debt?
At Least One Reason to Say No/Pay With Reservation By: Laura Day DelCotto We deal every day with borrowers who are behind in their monthly payments. Most often, we work with borrowers to attempt to restructure their payments. This would be done outside of any court...
Can the LLC Pay My Legal Fees?
Factors to Consider During Legal Disputes Between LLC Partners in KY By: Laura Day DelCotto We often see situations of business divorce and the falling out among small business co- owners. In this age of online legal forms, we also often see Operating Agreements that...
Recent Sixth Circuit BAP Case Explains What “Court of Equity” Really Means
By: Laura Day DelCotto There are many cases that stand for the proposition that bankruptcy courts are “courts of equity,” but what does that really mean? To the lay person, this sounds like it means that bankruptcy courts have wide discretion to be fair and avoid...
Chapter 11 May Help Nassar Victims
By: Laura Day DelCotto The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants. The filing...
Secret Court Filings? Not So Much…
By: Laura Day DelCotto The litigation process is a “public” procedure, all set forth in an official court record which can be accessed by the public. Sometimes, one (or both) of the parties want to file papers, but keep them confidential and not open to public view. ...