Why Should You Hire A Business Transaction Lawyer?

Hiring a lawyer is more like visiting a doctor. No one likes to visit a doctor for a common cold. We keep delaying it till we are down with a pneumonia and it starts hampering our daily work schedule. Most business owners are faced with this dilemma before commencing a venture: Should I hire a business transaction lawyer upfront? Or, can it be delayed till a major legal issue comes up? 

Preventive action is always better than a corrective one, from both monetary and logistics standpoints. A business litigation lawyer charges you only a minimum fee to keep you out of trouble in comparison to the fees he charges to pull you out of trouble. This is in addition to all legal tangles you have to unwind yourself out of in the courts or in an out of court settlement. It's always advisable to hire the services of a reputed business transaction lawyer before venturing out in a small business formation or a large business formation. 

What are the areas where adequate legal help will be required for starters? They can range from dealing with legal issues related to purchasing property, business registration rules and regulations, complying with labor laws, preparation with filing of a multitude of business taxes like Federal, State and local tax returns, dealing with disgruntled employees suing the company and even basic steps like preparation of business contracts and offer letters. Business transaction lawyers also help out in document preparation, preparing negotiation clauses, applications for various operational and safety licenses and maintaining a formidable legal potential for the business from potential disruptions. From copyright and trademark issues to dealing with lawsuits and liabilities, business litigation lawyers are involved every bit. Often the owners of a business and entrepreneurs don't have a complete knowledge of all legal bases to be covered, while the risk of oversight is always present. The services of a lawyer are essential to ensure that your business is functional and compliant.

Services of an individual lawyer or a law firm?

Once you decide on availing the services of a business transaction lawyer, you will be faced with the options of hiring an individual lawyer or a law firm? Over the past decade, the roles and domains of lawyers have become extremely specialized. It might be too big an ask for a solo lawyer to deal with all aspects of your business. Of course, the decision depends upon your budget allocations too as the services of a law firm are costlier by the hour. But the advantages of a law firm are manifold. Often it becomes extremely cumbersome for an individual lawyer to deal with issues from handling lawsuits to negotiating for real estate spaces, filing for trademarks and overseeing patents to drafting software license sharing agreements, terminating a problematic employee to drafting minutes for a corporate general meeting. Very often it happens that the business owners have to avail the services of 2-3 individual lawyers who can refer cases to even more specialized lawyers. Law firms are a single stop solution for all legal issues. Secondly, the weight and authority of a letter from an eminent law firm having offices across all States is much more in comparison to that from an individual lawyer who might not be even practicing in a particular State in question.

How to Deal With Bankruptcy

Financial stress is a problem affecting a major section of the World's population in this age of easy credit and competitive consumerism. If the finances are not carefully managed, the debts can easily blow up in a very short time to a point of no return. This is a fact which applies to both domestic and corporate finances. In the absence of adequate and timely corrective measures, finances can go down the route of liquidation and bankruptcy. Contrary to popular perception, the term bankruptcy doesn't signify the end of the world. Instead, under dependable legal guidance, declaring bankruptcy gives an opportunity for someone in acute financial stress to make a fresh beginning. If a strict financial discipline is maintained, bankruptcy gives a chance to start with a clean slate within the next 5-7 years.

At the onset it should be clarified that opting for bankruptcy is not the cure-all for all financial troubles and neither does all financial scenarios qualify for bankruptcy under New York Bankruptcy Law. Appropriate legal advice is the very first step before proceeding to declare insolvency. The second step is to determine whether bankruptcy should be declared under Chapter 7 case or under Chapter 13 or Chapter 11, as per provisions of New York bankruptcy law. As per Long Island Bankruptcy Law, in a Chapter 7 case most debts can be eliminated while in a Chapter 13 or Chapter 11 case, the debts can go for a reduction or cure under a reorganization plan.

In consultation with reputed and dependable lawyers, it should be finalized what should be the best way forward as it depends upon an individual's net expected cash inflow from different sources of income in the years ahead. Care should be taken to verify the antecedents of the lawyers handling the case, as it often happens that a few years down the line, the client remains saddled with burgeoning debts along with inflated bills from lawyers who take advantage of the situation and work towards making a kill from someone's financial compulsions. The overall fees required for filing a bankruptcy plea along with a Long island Bankruptcy lawyer's initial fees should also be clearly estimated by the client. The charges for bankruptcy under Chapter 7 is $306, while for that under Chapter 13 is $281 for both an individual and a married couple. The court may allow for the payment of this fee in installments if the entire amount is not available upfront.   

Before filing for bankruptcy extreme care and discretion should be displayed in financial spending. Whatever liquid assets are with an individual shouldn't be used to pay off individual debtors or making undervalued payments. Such payments made prior to declaration adversely affect the case of bankruptcy pleas. The bankruptcy trustees can declare all such payments null and void and even reverse the payments. An individual should only make necessary monthly payments like utility bills, rent, mortgage dues or taxes in the intermittent period. If an individual feels that any such payment has been made which might reflect badly on the bankruptcy litigation, the best options is to simply wait before filing. With time, all such unwanted transactions get erased from the particular period of credit record accessed by the trustees.

Once an individual has carefully weighed out all above options and decided on filing a bankruptcy plea, it should be the end of mental agony and financial stress and incessant pressure from creditors. All creditors are restrained from making individual claims and exerting any sort of pressure. If financial issues are taken care of prudently, the affected individual will again get an opportunity to live a debt free life with dignity.

FAQs on Bankruptcy

FAQs

1. What is Bankruptcy?

Bankruptcy is a legal proceeding in which an individual who is unable to pay his or her financial bills is granted relief from creditors by the federal court. Filing for bankruptcy immediately puts a stay on all creditors seeking to collect their debts from you or at least till your financial issues are sorted out according to legal procedures. As per Long Island Bankruptcy Law, in a Chapter 7 case most debts can be eliminated while in a Chapter 13 or Chapter 11 case, the debts can go for a reduction or cure under a reorganization plan. The best way forward should be decided in consultation with a New York Bankruptcy Lawyer.  

2. How does Bankruptcy affect me?

Bankruptcy dispenses with the lawful commitment to pay the most or entirety of your debt. This provision "discharge of debts is intended to give the debtor a fresh beginning on the financial front. It prevents foreclosure on your house and presents you with a chance to catch up with missed installments. It re-establishes or avoids disconnection of utility services. New York bankruptcy Law also allows for a challenge to be mounted against claims of creditors who are fraudulently trying to extract more than the amount owed.

3. What doesn't Bankruptcy change?

Bankruptcy, under New York bankruptcy Law, is definitely not the cure all for all financial stress nor it is a general solution for anyone in high debt. As per Long Island Bankruptcy Law, It is not possible to eliminate the claims of a secured creditor who has taken a mortgage on property as a security for a loan. The creditor can be forced to take structured payments over time or be prevented from asking for money if a property is already taken. Bankruptcy litigation also cannot eliminate certain special debts like child maintenance, fines related to criminal cases, alimony, divorce related payments and certain Govt. taxes.

4. What are the options other than bankruptcy?

While declaring bankruptcy is chosen by debtors in genuine issues involving financial stress and overburdening, financial insolvency is not always the only option. Creditors can be reached for out of court settlements, where the loan amount can be restructured and payments can be rescheduled. Negotiations are often the preferred way for unsecured debts like credit cards, where successful negotiations can sufficiently lower the payable amounts. Bankruptcy litigation lawyers often negotiate most debts on behalf of clients, including credit card, mortgage, tax and other debts.

5. What does it cost to file for bankruptcy?

The charges for bankruptcy under Chapter 7 is $306, while for that under Chapter 13 is $281 for both an individual and a married couple. The court may allow for the payment of this fee in installments if the entire amount is not available upfront. The charges of Long Island Bankruptcy Lawyers are payable as mutually agreed upon.    

                                                                                                                                         

What is PACA Act?

Bodner Law PLLC has been providing legal aid to producers and distributors of fresh fruits and vegetables throughout United States. This domain of business is covered by the Perishible Agricultural Commodities Act, otherwise known as PACA Law which applies to all dealings with a receiver, consignee, broker or buyer. Given the high level of contribution of the agricultural sector to the overall US economy, this food law overlooks the protection of rights and interests of all involved in compliance with

state and federal food laws.

Since this industry deals with perishable commodities and often vague invoices without all terms and conditions mentioned, the Produce law fills in for all the un-mentioned points and provides automatic terms to produce transactions. These terms apply even when the two involved parties have not explicitly agreed to these terms. 

The produce law has been framed by keeping in mind the interest of the monetary institutions who lend loan to the agricultural producers. For any traders in USA who are involved in buying, selling or dealing with fresh or frozen agricultural products must be aware of the ethics of PACA law to avoid litigations.

The scope of work under PACA law involves everything on legal advice and guidance involving day-to-day transactions along with solving legal disputes arising out of unique unforeseen scenarios in the food industry. Food Safety Lawyers provide legal assistance pertaining to adulteration and misbranding of food products and work for protecting the food rights of common US citizens. They also assist the corporate agricultural establishments in obtaining administrative and governmental approval for projects involving perishable agricultural commodities. Representing a vital part of federal legal system, these competent lawyers execute their responsibilities by catering valuable advice to the clients on the rules and regulations of PACA law and its impact on various aspects of commercial transaction.

Experienced attorneys from the legal firm represents manufacturers, distributors and retailers in the food, beverage and related industries in a wide variety of matters including Vendor Agreements, Food Safety Compliance, PACA litigation, Vendor disputes and Federal Food Security Act Litigation.

What is the Federal Food Security Act?

The Food Security Act of 1985 is designed to prevent the conversion of wetlands into non-wetland areas. All the features of the Act are alternatively also referred to as the “Swampbuster” provisions. While establishing a dairy herd buyout program, the act also provisioned for lower commodity prices and income support for farmers. 

The Federal farm program benefits are made inaccessible to farm producers who have converted wetlands into cultivable lands after December 23, 1985. Inadvertent violations were considered through the Food, Agriculture, Conservation, and Trade Act of 1990 where farmers gain access to all lost benefits if the converted wetlands are restored to original conditions.

                       

The Federal government is allowed to get into contracts with agricultural producers for removing highly erodible cropland from production in exchange for annual rentals. Wetlands, converted wetlands, highly erodible lands and agricultural lands are the natural resources governed by the Act.

The benefits denied to a producer, who has cultivated agricultural commodity on converted wetlands are as follows:

 commodity price support or production adjustment payments;

·         farm storage facility loans;

·         disaster payments;

·         payments for storage of grain owned or controlled by the Commodity Credit Corporation;

     Federal crop insurance; and

 FMHA loans

For better details on Food Safety Laws you can visit reputed law farms dealing in Food Law who can provide you with highly efficient food lawyers to advice you on your legal issues..

Bankruptcy and Attorneys - Part 1

Amongst bankruptcies, debtors usually opt for Chapter 7 and Chapter 13 bankruptcies, since they provide the maximum benefits. Bankruptcy is a process, which involves litigation and lawyers and courts. The process can be trying, and it is important to expedite the legal option to avail the maximum benefit. That is where the problem comes in. Individuals do not have enough experience or the expertise to conduct the process on own. Special help is needed. So debtors hire specialists who have the background, and the expertise to deal with bankruptcy courts. Individuals who can represent the respondents and avail a favorable result. Bankruptcy attorneys are such experts. Bankruptcy lawyers help to get debt relief, and provide valuable information, services, as well as advice to help the debtor find beneficial financial options. The part one of this article provides some general information pertaining to bankruptcy and bankruptcy lawyer.

Bankruptcy

The bankruptcy process can be briefly described as a special legal proceeding in which an exclusive court undertakes, and administers the fixed, as well as movable assets of a debtor for the benefit of the creditors. Typically a debtor, or any person or business, who is indebted and owes money to others, can choose to file for bankruptcy proceedings, so as to solve a financial situation involving a debt condition which is out of control, or alternately to prevent recovery of debts for a certain period of time, during which the individual or the business can make arrangements to repay the debt.

Bankruptcy legalities

The United States Constitution provides powers to the Congress to draft and execute laws and acts related to bankruptcy and bankruptcy related issues as per Section 8 of Article 1. Based upon this empowerment, the Congress passed the "Bankruptcy Code" in the year 1978. The act or the code has been amended several times over the decades, as per the changes taking place in the financial market, and the redemption capacity of the debtors. The actual procedure is governed by the body known as the Federal Rules of Bankruptcy Procedure. The body has set up special courts to deal with bankruptcy issues, as well as litigations. The courts are popularly known as bankruptcy courts. These courts operate depending upon their jurisdictions. The Federal body has set up official proceedings and working guidelines for these courts. There are rules dealing with various aspects of bankruptcy. The rules are specially created so the litigations can be carried out in an effective manner between individuals and business concerns. From the functioning point of view, bankruptcy courts are appointed for each judicial district within the state. And litigations, as well as legal procedures are carried out with the litigants based upon the particular area or location of the registered business. All decision relating to the legal proceedings are taken by the judge, and he or she has several officers to aid the legal work. The majority of the bankruptcy litigations are administrative in nature, and are often conducted outside the court premises. In case of special chapters and issues such as Chapter 7, Chapter 11, Chapter 12, and Chapter 13, the administrative procedures are handled by a trustee appointed by the court to overlook the particular case.

Kinds of bankruptcy

As per the constitution, the Federal Rules of Bankruptcy Procedure offers five basic types of facilities, or clauses, under which an individual or a company can file for bankruptcy. The clauses or facilities are referred to as chapters. As per the Federal bankruptcy law, the different chapters are briefly explained as follows:

* Chapter 7 - Straight Bankruptcy

This chapter involves proceedings and litigations, which result into complete or total liquidation of the debtor's assets.

* Chapter 9

Provides a special provision through which municipal bodies and governments can file for bankruptcy.

* Chapter 11 - Business Bankruptcy

This option is generally preferred by consumer debtors, but does not provide any special advantages as compared to Chapter 7 or Chapter 13.

* Chapter 12 - Family Farm Bankruptcy

This chapter is suitable for family farms related debts and bankruptcies. For further information, one should check out the Agricultural Law Act: Family Farm Bankruptcy.

* Chapter 13 - Wage Earner Bankruptcy

This chapter helps to make the payments of debts in accordance to a repayment plan.

Finding bankruptcy attorneys

It is important to find the right kind of attorney to represent you in your bankruptcy issues. Finding the correct person is important since your financial and social future rests on this person. The first thing is to find the attorney. This is how one can do it.

* Looking up in yellow pages

The yellow pages provide a valuable, as well as a helpful source for finding bankruptcy lawyers specializing in various fields and debt conditions. Attorneys are generally categorized according to their particular field of specialization. It is recommended to check out the sub-heading of Bankruptcy Attorneys which provides a list of specialized attorneys who can possibly help you out.

* Recommendations

There is another way to find a qualified and reputed bankruptcy attorney. It is by a referral from other lawyers, as well as banking experts, who are working in and familiar with the field. In case you know some attorneys, it is possible for them to provide a few helpful recommendations.

* Ask the family and friends

Attorneys are bound by a confidentiality clause, which prevents them from sharing or advertising their past litigations and cases with the masses, and also restrains them from advertising them openly to bring in business. So it is advisable to discuss your problems with a few trusted clients who have faced bankruptcy issues, and get their opinion as to which attorney is good and in what field or issue. Past clients are the best option for reliable as well as effective sources of information, since they have experienced the situation first hand, and know all the pros and cons. Alternatively one can also discuss the issue with family members, relatives, and friends, and find out what they have to say. It can be surprising to know that some of the most practical and beneficial solutions can be obtained by merely talking to people, and find out what they have to say, and what they feel about how the problem should be dealt with.

Bankruptcy Only is a nationwide network of bankruptcy attorneys [https://www.bodnerlawpllc.com/] and Internet professionals who are ready to assist you immediately. He will be able to determine your eligibility and tell if you are better suited for a Chapter 7 Bankruptcy, or a Chapter 13

Implementation of Food Laws to Ensure Food Safety

Food is governed and regulated by a complexity of food laws and regulations which can be implemented in all food processing units by the following processes:

Pest Control

Pest control plays an important role in food safety. Insects like flies and cockroaches are extremely troublesome and can contaminate food production and cause food borne diseases. Pest control monitoring and detection can prevent these pests from entering in food processing plants and establishments.

Cleaning and Disinfection

Implementation of food laws can be achieved by establishing disinfection programs such as proper disinfection and cleaning of food preparation areas. Proper cleaning of utensils, equipments and machineries in food processing plants can correct hygiene standards, eliminate food borne pathogens and reduce the risk of food borne diseases. 

Waste Management

Food waste attracts pests and food borne pathogens and thus causes food contamination. Food production units and food processing plants must have proper equipments to manage solid and liquid wastes and should maintain regular garbage collection and waste disposal and management. By ensuring such waste disposal procedures, food processing plants can reduce the risk of pest contamination and improve food safety compliance.

• Effective rules for waste disposal include:
• Removal of food scrapes on a daily basis
• Arranging garbage collection regularly.
• Don't allow waste to overflow from garbage bins.
• Clean dustbins and garbage containers daily.
• 
  
• Use garbage liners for dustbins and garbage containers and keep their lids tightly closed.
• 
  
• Use separate containers for disposal of dangerous objects like syringes.
• 
  
• Refrigerate food scraps during winters to prevent harmful bacteria from growing.
• 
  
• Finally, always wash hands after handling dustbins and garbage bins.

Maintenance of Machinery and Fixtures

Rodents like rats and mice cause serious damage to machines and fixtures and contaminate components having direct contact with the food products. Therefore, proactive maintenance of food processing equipments and machineries is extremely important for production of safe food products.

Maintaining Personal Hygiene

Food handling businesses and food production plants must implement food safety laws by considering the following factors:

• Hand Washing: ensure proper hand washing techniques are followed especially before preparing or handling food items.
• 
  
• Minimize direct contact with food items. Use safe disposable gloves and change them on a regular basis.
• 
  
• Maintain personal cleanliness. Do not wear jewelry, earrings, rings, tie back or cover hair, cover cuts or sores with wound strip or waterproof bandages, never cough or sneeze over food.
• 
  
• Wear clean and protective clothing like apron and handle equipments appropriately to prevent cross contamination.
• 
  
• Contact supervisor if any staff feel unwell and exclude them from handling food.

·  

Staff Training

Staffs should be educated about the different food safety and hygiene practices including:

• ·        Hand hygiene practices
• ·        Safe food handling practices
• ·        Safe food storage practices
• ·        Cleaning and disinfection practices
• ·        Personal hygiene practices