Croker Huck Law FirmCroker Huck Law Firm2024-02-02T07:49:48Zhttps://www.crokerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503021/2020/09/cropped-fav-32x32.jpgOn Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=485092024-01-19T11:11:12Z2024-01-24T11:10:45Zare prohibited under the Fair Debt Collection Practices Act such as harassment, abuse, making false representations and when and how contact can be made. Still, if a business or individual is not receiving payment they are entitled to, they can go through the legal process for a resolution.
Know the law when trying to collect on a debt
Just as the FDCPA is in place across the nation, Nebraska has its own laws saying what a creditor can and cannot do. They can contact people who might have information as to what type of property the debtor has that can be seized to satisfy the debt. They can file a suit to try and collect on the debt. They can get in touch with people who are related to the debtor once they have written authorization to do so as part of the debt agreement at its inception.
Debt can accumulate in myriad ways and for a litany of businesses and entities. That includes a lender loaning money to a person or business, a landlord for residential or commercial property, a business and individuals. Once a debtor falls behind or stops paying entirely, there are strategies that can be effective to get what is owed.
Loans, for example, are generally granted based on collateral. If the person who borrowed the money owned property that can be foreclosed upon to settled the debt, that can be a way for the creditor to recover what they are owed.
In some instances, the debtor files for bankruptcy. Just as the debtor gets some relief with the automatic stay in which debt collectors are stopped from trying to collect, the creditor can seek relief from the automatic stay. It can also call into question whether certain debts are dischargeable. For those who are filing for a Chapter 11 reorganization, a creditor could object to the plan they have put forth.
Creditors have the right to collect on what they are owed
In recent years, debt collection has been cast in a negative light. However, if businesses cannot collect on what is owed, they will be unable to operate. They have creditors’ rights just like debtors do. When confronted with a debtor who is not paying and the initial attempts to collect are unsuccessful, it is imperative to know the legal options. Having the right information can be vital to getting effective results.
]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=484882023-10-25T11:18:32Z2023-10-30T18:55:32Zcommercial real estate deal, you should carefully analyze your situation to ensure you’re negotiating terms that are right for you and your business. But what do you need to be on the lookout for as you navigate the process?
What to look for as you seek to secure commercial real estate
Good commercial real estate is oftentimes quickly snatched up, which might leave you feeling compelled to move fast to finalize a commercial real estate transaction. But before you do, you’ll want to pay particularly close attention to the following:
Zoning restrictions: One of first things you need to check is any zoning restrictions that are on the property. If you don’t, then you might end up with a property that prevents you from carrying out your business operations, or it might limit your ability to expand and utilize the property how you want to moving forward. So, be sure you have a full understanding of how zoning impacts the property.
Vacancy rate: If you’re purchasing a piece of commercial real estate, then you’ll want to know what the average occupancy rate is so that you know what you can expect in terms of rental income. Be sure to vet this number, though, so that you have a realistic expectation.
Maintenance and repairs: If you’re looking to lease a commercial property, then you need a full understanding of your responsibilities and obligations, which might far surpass just paying the agreed upon rental rate. In some leases, tenants are responsible for maintenance and repairs made to the property, which can quickly become expensive. Try to negotiate this term in a way that limits your financial exposure.
Improvement and alterations: Through a commercial lease, you might be able to negotiate terms that allow you to make improvements to the property that suit your business. If you don’t pay attention here, then you might be hampered in what you can do with your business and your property.
Due diligence: Before buying a piece of commercial property, you need to conduct due diligence to assess everything from the building’s condition to any environmental impact your business might have on the property. Thoroughness is key here, as it can identify issues that might be a red flag that a commercial property isn’t right for you.
Competently navigate your commercial real estate transaction
Regardless of whether you’ll be renting or buying a piece of commercial real estate, you need to know how to negotiate for the deal that’s right for you. Keep in mind, too, that the terms mentioned above just scratch the surface of what you might face as you move forward with your deal, so make sure you’re being as thorough as possible. If you don’t know where to start with that or you’d like some help, then be sure to read up on everything that deals with commercial real estate transactions and find the support that you need to comfortably and confidently move forward with your transaction.
]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=484832023-08-11T05:01:08Z2023-08-16T19:26:19Z trademark registration as protecting the reputation of a business.
What does trademark protect?
Trademark law protects indicators of source. The public policy consideration here is consumer protection: When consumers go to the store to purchase a new bottle of ABC Laundry Detergent, they deserve to know it will be the same product they recognize and trust, and not some inferior product trying to pass itself off as ABC Laundry Detergent.
This is also good for the makers of ABC Laundry Detergent, because they have invested a lot of money and time in creating, manufacturing and marketing a good product, as well as building up goodwill among the consumers who rely on it.
Note that business and product names, logos and mascots aren't the only things that can indicate the source of a product or service. For instance, ABC Delivery might have its trucks painted in a particular shade of brown, with its delivery people wearing uniforms in a similar shade. Over the years, consumers have learned to associate these colors with the services ABC Delivery provides. Suddenly, a new company, XYZ Delivery, starts operating in the same region, and its delivery drivers wear uniforms in the same shade of brown. This confuses consumers, some of whom begin accidentally hiring the wrong delivery company.
ABC Delivery can protect its business by claiming that XYZ Delivery is infringing on its trademark rights.
Do you need to register?
Here's where trademark law starts to get more complicated.
A business can gain some rights to its trademarks simply through using them in commerce. In our example above, ABC Delivery had been using a particular shade of brown as an indicator of source within the delivery industry before XYZ Delivery came along, using the same shade of brown. ABC Delivery may be able to convince a court that XYZ has violated its rights.
However, ABC will have an easier time protecting its rights if it has registered its trademarks. It can do this by registering with the Nebraska Secretary of State's office. This will let every business in the state know that ABC has prior rights to using that particular shade of brown as an indicator in the delivery industry.
But what about businesses out of state? To enforce its rights beyond the borders of Nebraska, ABC Delivery must register with the federal United States Patent and Trademark Office. Compared to registering with the state, registering with the USPTO is a much more complicated and time-consuming process, but if successful, it offers much greater protection.
Companies that are doing business across state lines should seriously consider USPTO registration.]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=484592023-04-24T23:41:43Z2023-04-24T23:41:43ZIdentify critical positions
The first step in creating a successful succession plan is identifying key positions within your organization. These are the roles that are critical to your business's success and would be challenging to replace if they became vacant. Once you've identified these positions, you can create a succession plan that focuses on filling these positions first.
Identify potential successors
Once you've identified the critical positions in your organization, the next step is to identify potential successors. Consider your goals for your company and whether you should focus internally, externally or exclusively within your family.
Look for people with the necessary skills, experience and potential to fill these roles in the future. Be aware that while some candidates may have an impressive list of skills, they may not have the drive to continue your legacy. You may need to offer training and development opportunities to help employees acquire the skills they need to take on these roles.
Develop a training and development plan
Succession planning is not just about identifying potential successors; it's also about preparing them for their future roles. Once you've identified potential successors, you need to develop a training and development plan that helps them acquire the skills, knowledge and experience they need as they grow in their roles. This may include on-the-job training, mentoring, coaching, and leadership development programs.
Communicate your plan
Communicating your succession plan is critical to its success. Be sure to share the plan with all employees in your organization, including those who may not be directly involved in the succession planning process. This will help build buy-in and ensure that everyone understands the importance of the plan.
Monitor and revise your plan
You should monitor your succession plan regularly and revise it as necessary. Changes in your organization's needs, such as the addition of new positions or changes in job requirements, may require you to modify your plan. Regularly reviewing and updating your plan will help ensure it remains effective and meets your organization's evolving needs.
A well-executed succession plan is critical to ensuring the long-term success of your organization. By identifying critical positions, potential successors, and development plans, communicating your plan, and monitoring and revising your plan, you can ensure that your organization is prepared for the future.]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=484322023-01-20T21:54:06Z2023-01-24T21:50:48Zplan in place to protect your business in the event of an unexpected disaster.
What does an emergency mean to you?
The definition of emergency is different for every business. For example, your business may or may not be one that could continue running smoothly if physical offices were ordered to shut down.
Consider the different types of emergencies that would affect your business. The emergency could be something directly targeted at your business, such as a cyberattack or discovering that an employee has been stealing from you, or things that affect the entire community, such as natural disasters.
Write and discuss your emergency plans
Have a plan or strategy in place for each type of potential emergency scenario. Put your plans in writing, preferably in any easy-to-read format.
Checklists or bullet point lists of steps to take in case of a particular emergency can help you and your employees know what to do when and if disaster strikes.
Make your plans accessible to all your employees. It might help to have an informal meeting with your employees to discuss the plans and answer any questions.
Protecting your business
Many businesses fail because they do not have emergency plans in place. Even if your business survives an unexpected occurrence or disaster, it can take months to years to recover from the fallout.
Creating and developing the best emergency plans for your business can be challenging, especially if you are a new or small business owner. A knowledgeable business attorney can discuss your business needs and goals with you and advise you on strategies to make sure your business survives these turbulent times.]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=483692022-12-30T09:43:46Z2022-10-20T11:49:21ZUnderstanding securities sales and how they can be used to gain capital
It is understandable to be concerned about getting the necessary capital or receiving an infusion for business enhancements. Many banks are strict about how they lend their money and the terms might not be as favorable as a business owner wants. Issuing securities is one way to do it. When using this strategy, knowing the Securities Act of Nebraska is vital to avoid any legal mistakes that can be costly financially, professionally and with the business’s reputation.
Businesses can issue securities if it is trying to amass capital. The owners must consider the viability of making securities available and know how to do it correctly. There are laws that are specific to offering securities. Businesses have two options in this vein. They can offer debt securities or equity securities.
When offering a debt security, the business will need to repay what they have borrowed and pay interest. The initial investment is called the principal. The repayment must be made by a specified date. The company will set the interest rate and when the repayment must be made. Debt securities include bonds and notes. The repayment must be made as a matter of law. This could be effective for businesses where the ownership does not want outsiders coming in with their ideas, plans and demands. There is a trade-off for that in that they must pay back what they owe in a transactional relationship.
With equity securities, the purchaser is buying a share in the business. They will get part of the profit and be granted a say in how the business is run. The investor who is buying equity could be given limited partnership, limited liability, stock and other benefits. This is most frequently done through a stock offering. Businesses must be cognizant of the rights of stockholders such as having access to the corporate records and finances. Some businesses might not want this level of attention and influence as to how things are run.
Businesses should know the law regarding equity and debt sales
The allure of accruing an infusion of cash for business needs can be tempting. Using securities sales to achieve that can be an effective way to do it. Still, there are rules and laws that must be followed. In addition, there might be unexpected consequences that many business owners have not considered when they move forward with this alternative. For help with getting capital and deciding on what is the preferable way to do so, it is imperative to have professional advice. Consulting with legal professionals who are experienced in business and corporate law can be helpful with knowing the options and making the wise choice.]]>On Behalf of Croker Huck Law Firmhttps://www.crokerlaw.com/?p=483702022-12-30T09:43:52Z2022-07-20T18:24:59Zrights as a debt collector as well that are in place to ensure you can perform your duties reasonably and honestly.
How can you contact a debtor?
As a debt collector, you are permitted to contact debtors between the hours of 8:00 a.m. and 9:00 p.m. You need permission from the debtor to contact the debtor at the debtor’s workplace. You can contact a debtor over the phone, through the mail and emails and text messages.
You cannot, as a debt collector, take action that is considered harassment. Some examples of harassment include making threats, using obscene language and making repeated phone calls to annoy the debtor. Debt collectors also must be truthful with debtors.
Who can you contact to collect a debt?
As a debt collector, you generally can only discuss the debt with the debtor, the debtor’s spouse and the debtor’s attorney. You can contact others to obtain the debtor’s contact information, but you can generally only contact a person once to obtain this information and you cannot let them know a debt is owed.
If the debtor has an attorney, you must contact the attorney not the debtor. However, if the attorney is not responding to you within a reasonable amount of time, you can contact the debtor.
Debt collectors can contact debtors unless the debtor has mailed them a letter requesting the debt collector to stop contact. If you receive such a letter, you can only contact the debtor to confirm future contact will stop or to inform the debtor you are taking a specific action, such as pursuing a lawsuit.
What can you discuss with a debtor?
As a debt collector, you must let the debtor know how much money they owe, to whom that money is owed, how to obtain the name of the original creditor, and steps to take if the debtor does not believe they owe this money.
Debt collectors play an important role in the collection of loans in default, past due accounts and other outstanding obligations a debtor may be failing to meet. It is important that, as a debt collector, you are allowed to communicate what is owed. This way, you have done your job and the debtor has the opportunity to make good on what they owe.]]>