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Debt | Business Law Today

Posts Tagged ‘Debt’

Small Business Law

A common situation that millions of small business owners will deal with on a regular basis is frivolous law suits. According to the U.S. Chamber Institute for Legal Reform, small businesses spent $98 billion in 2005 defending frivolous law suits, this means that the cost to defend these law suits, is only increasing as more business are finding themselves as targets. While this is no doubt concerning, the reality is that you can be able to protect yourself and your business from this kind of litigation by using different tactics that will protect your business should it ever be the defendant of one of these law suits. Below are different tactics to help you protect your business and yourself from these law suits.

Have good business organization: The first kind of legal defense that you want to use is to develop a business structure that will protect your business against these kinds of law suits. This means establishing a corporation or limited liability company. What happens is most small business are set up as sole proprietorships which means that as a business owner you are responsible personally for the debt and what ever obligations that the business may have. If your business is the subject of a law suit you they could try to go after everything you own including the assets of your business. What you want to do is establish a corporation or limited liability company that will be the initial line of defense against these kinds of law suits. Please note that while this will generally protect your business this form of legal defense can be overcame by a serious legal challenge.

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Liability Law

Liability law covers a few different areas of life. As defined, the word “liability” means that someone is legally bound to pay an obligation or debt. If you are liable for something, you must pay for the item or damages. This can fall under two areas of legal concern, civil and criminal law. Within these categories, there are two divisions of liability, strict liability and vicarious liability.

Under strict liability, the person or company is solely responsible for damages that happened. For example, if a manufacturer produces a product that later causes an injury due to a product defect, the manufacturer will have strict liability for the damages.

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About Bankruptcy Law

Many individuals will file for bankruptcy or consider doing so. However, in recent years there has been a significant change in bankruptcy law. Unsecured debt, such as credit cards, may not be discharged in bankruptcy proceedings. It is also good to keep in mind that there are various types of bankruptcy, thus bankruptcy law may vary by the state you reside in and the chapter of bankruptcy that you intend on filing.

There are two main types of bankruptcy for those filing on an individual basis. These are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 bankruptcy law is typically for complete discharging of debt. Assets are usually liquidated in order to satisfy debts. Chapter 13 bankruptcy law works a little bit differently. It is more or less a repayment plan that the courts will help stipulate. Interest and fees on these debts may or may not be forgiven. However, if for some reason an individual becomes delinquent on these payments, they can be sued.

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