Bernstein-Burkley, P.C. named a

Metropolitan Tier 1 Law Firm by

US News - Best Lawyers 2015 "Best Law Firms"

Bernstein-Burkley, P.C. welcomes our newest attorney,

Kyle R. Smith. Kyle joins the firm's growing Real Estate Practice, as well as Business Law and Oil, Gas & Energy.

Co-Managing Partners,

Robert S. Bernstein and Kirk B. Burkley, selected by their peers for inclusion in 21st Edition of

The Best Lawyers in America in the field of Bankruptcy.

States have been very protective of their rights to control who says they are a specialist and when. Some states have limited rules and may have no specialties approved for advertising. Some have rules that require specialists to state that they are not certified by the state.  

The lessons are to make sure you understand the rules of your state, be very careful in your use of language describing your practices, and make sure that employees and marketing vendors understand the rules so they don't use the layman colloquialism of "specializing" when they mean "concentrating." 
 

 

You have a claim or a judgment against a commercial debtor, which is purportedly out of business. However, at the same address of your debtor is a (supposedly) new corporation, with the same ownership, the same management, the same employees, engaged in the same line of business. Whatever the purported excuse, you are being led to believe that your debtor is out of business. Do you have any remedies?

A vigilant creditor need not be frustrated by a debtor closing its doors and "re-appearing" as a "new" company. There may be remedies available depending on the facts surrounding the "sale" of the debtor business. Dig into the details!