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Recent Blog Posts
Considerations for the End of Your Business’ Fiscal Year
Depending on when you started your business and how you record your finances, your fiscal year may not be the same as others around you. With the end of the calendar year landing on December 31 and tax day occurring in mid-April, most businesses do their final yearly to-dos within this four-month time span. The month of December is undoubtedly one of the busiest of the year, and many businesses will opt to complete their year-end tasks before the start of the new calendar year. Whether you decide to finish up these business chores before the holidays begin or a bit later in the year, it is important to complete the following before the end of your business’ fiscal year.
1. Financial Bookkeeping
Every business owner is different and so are their tactics for recording their finances. Some may have every i dotted and t crossed, while others may have a giant box filled with receipts. It is critical that you get your financial information properly recorded before tax season begins; otherwise, you may be spending days locating and entering this information into a proper log. It may be a good idea to get your books in order before the start of the holiday season, that way you can start 2021 more organized and have your records together before filing your taxes a few months down the road.
If I File for Bankruptcy, Do I Still Need to Pay Off All of My Debts?
Those who are unfamiliar with the details of bankruptcy, which typically includes anyone who has not filed for bankruptcy, may incorrectly believe that all of your debts disappear upon filing. While bankruptcy is meant to help rid you of significant debt, the process will still require you to pay off most of your debts. The details of this financial breakdown vary depending on the type of bankruptcy that you file as well as the depth of your debts. Many filers do, however, get some form of a break, known as a discharge. Before moving forward with the bankruptcy filing process, it is important to understand what exactly you are responsible for and which of your debts will be forgiven without full repayment.
What Is a Bankruptcy Discharge?
A bankruptcy discharge is a legal term for debt forgiveness. In other words, a discharge releases a debtor from personal liability for a number of specified debts, not requiring him or her to pay back the discharged debts. A discharge is a permanent legal order that restricts the debtor’s creditors from taking action to obtain money for the outstanding debts. A bankruptcy discharge does not, however, cancel out any liens that a creditor may have against a property, meaning that a creditor is still able to enforce a lien and recover the associated property.
Potential Property Title Problems You May Face as a Florida Homebuyer
Buying a home is a lifelong goal that many Americans look forward to reaching one day. Whether you are single and interested in settling down, or you are married and on the brink of starting a family, purchasing a home is an exciting, yet expensive endeavor. When looking for a new place to call home, it can be easy to get hooked on the included accommodations and overall look of the house. Finding the right location, proper layout, and design style in one home can take time, but once you do find the right one, you may feel a huge sense of relief. Unfortunately, the bumps that go along with the home purchasing process do not stop at aesthetics. In fact, the paperwork behind the purchase can sometimes lead to more headaches than the real estate search itself.
Property Title Problems
The property title, also known as the deed, is the most important thing that buyers should pay close attention to. The details held within the property title will give you a clear understanding of what you are getting yourself into. In order to avoid facing the following ownership difficulties down the road, it is important to work with an attorney who is well-versed in the following:
6 Essential Items That Make a Business Contract Legally Enforceable
If you are an entrepreneur who is just getting started building your business, or even if you have been a business owner for decades, it is important to be cognizant of business contract essentials to avoid running into difficulties down the road. Those who fail to adhere to the following six requirements could end up with an unenforceable agreement with a business partner, vendors, employees, and anyone else with whom you draft and sign a contract.
Official Agreements
Business law can be complicated, especially for first-time business owners. While it is never advisable to rely solely on your limited legal knowledge during business negotiations, it is always a good idea to have a general understanding of these requirements:
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Offer, Acceptance, and Mutual Consent: These three requirements are grouped together since they relate to the agreement itself and both parties’ intentions entering into it. Every contract must explicitly outline a specific offer and the acceptance of that offer. This consent must be given by free will; if either party claims that they are forced or coerced into the agreement, the agreement can be easily invalidated. By following these three conditions, the parties have intentionally decided to create a binding agreement.
Important Considerations Before Filing for Bankruptcy in Florida
For most people facing financial difficulties, the thought of filing for bankruptcy can seem out of reach. You keep thinking, “This will be the month where I get things together,” then find yourself hit with another round of unforeseen expenses. This cycle can go on for months, or even years, before people start to seriously consider filing for bankruptcy. There is a reason for this—no one actively chooses bankruptcy until it is the very last option—but this denial can allow your debt to continue building until it feels insurmountable. As a result of COVID-19, many Americans are facing the possibility of bankruptcy, which is why it is important to have the following considerations in mind before moving forward with this legal process.
Reasons You Should Consider Bankruptcy
As previously mentioned, many people do not realize that they are on the verge of bankruptcy, or that their situation is a common reason why others file for bankruptcy. If you are in the middle of any of the following scenarios, filing for bankruptcy can be a common remedy:
Why Should My Florida Business Seek Outsourced General Counsel?
If you are a business owner, you likely try to avoid getting involved in legal proceedings at all costs. Not only do legal battles take up a lot of your time and money, but it can also be difficult to find an attorney who understands your company and can easily defend you in court. If you are a growing company, you may run into your fair share of legal conflict, and it is best to be prepared for when the time comes. Some companies will go so far as hiring in-house counsel to have by their side at all times, while others may opt for outsourced general counsel for the times when they need it most.
What Is Outsourced General Counsel?
Before you feel the need to have full-time, in-house counsel, it may be best to work with a particular attorney whenever a legal conflict arises. Outsourced general counsel involves working with an external attorney who can handle and manage the routine legal needs of your business on a part-time basis. This can include a number of responsibilities, such as contract drafting and negotiations, human resource issues and documentation, customer agreements, Board of Directors matters, and corporate governance. Depending on the size of your company, you may need help in some or all of these areas.
2 Ways to Settle a Florida Business Dispute Outside of Court
As a business owner, you have likely experienced your fair share of conflict in the workplace. Whether it is an undependable employee or frequent arguments between two employees or a business partner, running a successful business is a difficult task that requires patience, understanding, and a strong hand when necessary. Rising disputes in the workplace can lead to a toxic work environment for everyone, even those who are not involved in the conflict. While going to court to end the dispute is an option, you should consider the two following alternatives before spending the time and money in litigation.
Mediation
Mediation is typically the starting point for business owners who are noticing a dispute emerging. This form of alternative dispute resolution resolves misunderstandings with a neutral party present to manage the process. Mediation is not as structured as litigation and can allow the two disputing parties to discuss their grievances in a private, relaxed setting before getting a judge involved. The mediator is hired to manage the discussion, speaking privately with each party, or bringing the two parties together for further discussion. The mediator’s job is to help the two parties come to a voluntary agreement, not to take on an authoritative role and choose for them.
As Florida Moratorium Ends, Financial Assistance Takes Its Place
Due to the financial impact of COVID-19 on individual families and the economy as a whole, governors across the country put up protections against evictions and foreclosures. Now seven months into the pandemic, states have begun allowing these eviction and foreclosure moratoriums to expire, Florida included. Governor Ron DeSantis’ moratorium expired on October 1, leaving many Floridians panicked about how they will make ends meet. You may be concerned about your family’s financial well-being, feeling as if you are on the brink of bankruptcy. Luckily, financial assistance is available and the Centers for Disease Control and Prevention (CDC) have picked up where some of the states left off.
Affordable Housing Coronavirus Relief Initiative
In late June, Gov. DeSantis announced $250 million in CARES Act funding would be used as rental and mortgage assistance for families who have been negatively impacted by COVID-19. Known as the Affordable Housing Coronavirus Relief Initiative, the large sum of $250 million has been divided into two even pools. One was administered by the Florida Housing Finance Corporation (FHFC) as short-term rental assistance and the other half was released to counties throughout the state based on its reemployment assistance rate. According to the official press release, this second $120 million will be used for rental and homeowner assistance programs such as rehabilitation, new construction, mortgage buydowns, and more for those who have been impacted by COVID-19. The FHFC has information about the progress of the program.
Why Do I Need a Real Estate Attorney When Buying a Home in Florida?
Buying a house is likely one of the most expensive and meaningful purchases that you will make in your lifetime. Whether this is your first home buying experience or your fifth, it is important that you have a legal expert by your side to guide you through the process. Florida law does not require the purchasing or selling parties to hire a real estate attorney, though it is always advisable to do so. Not only can this save you time and money, but a reputable real estate lawyer will confirm that the terms outlined in these complex contracts do indeed match your stated agreement to the seller. If you are considering purchasing a home, our Broward County real estate attorney can guide you through the below steps.
The Purchase and Sale Agreement
One of the first documents in the buying process, the purchase and sale agreement determines the terms of your purchase—and the enclosed details may not be adjusted or avoided later in the process. For this reason, it is important to hire an attorney before signing any legal documents. Florida law requires judges to treat you as if you read every word of a document before you signed it. In other words, if you skipped a few lines and missed key details, the judge will likely still enforce the terms of the agreement.
Do I Qualify for Bankruptcy in Florida?
Finding yourself drowning in debt is never the place that anyone expects to see themselves a few years down the road. Unfortunately, life can serve you with unforeseen circumstances—an ongoing illness that requires regular treatment or the loss of a job and regular income—and you can quickly see your debts piling up. Filing for bankruptcy is often people’s last resort; however, you may come to the realization that you actually do not qualify for bankruptcy. Depending on a number of factors, you may or may not be able to take this route when trying to get your finances under control. While it is always best to consult a bankruptcy attorney to know for sure, you may conduct your own financial analysis first to determine whether or not filing for bankruptcy is an option for you.
