Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing. JD Supra (link below) has an article stating that fraud investigations into PPP and EIDL loans from the SBA are increasing. https://www.jdsupra.com/legalnews/fraud-investigations-into-covid-era-ppp-3571111/Based on telephone calls to our law offices, we believe that that statement is correct. Clients who are contacted by the Department of Justice regarding PPP or EIDL fraud should contact and retain experienced criminal counsel as soon as possible.We at Shenwick & Associates are only representing clients with Defaulted SBA loans. Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
You just slip out the back, Jack Make a new plan, Stan You don’t need to be coy, Roy Just get yourself free. (Paul Simon’s 50 Ways to Leave Your Lover) (Written by Paul Simon) This is the second in the “Breaking up is Hard to Do” nine-part series exploring dispute resolution for business divorces. Make a new plan. When starting a new business, business partners are in the honeymoon phase. Frequently, they have tunnel vision and are focused solely on building their business. While building the business is mission-critical, equally important is advance planning to minimize future disputes and disruptions. At inception, the co-owner relationship is at its peak and there is no history of bad experiences or pent-up negative emotions. While it may be hard to imagine a scenario where they disagree or face challenges, co-owners need to prepare on the front end for the disputes that may arise on the back end. In addition to considering future upside, new business partners should discuss goals, inflection points, worst-case scenarios, and potential pitfalls. Here is a non-exhaustive list of topics new business partners should explore: Ownership structure, Financial and performance goals, Short and long-term objectives, Exit strategy and options, Capital contributions and capital accounts, Compensation, Noncompete agreements, Fiduciary duties, Succession planning (both long-term and in the event of an emergency), Access to books and records, Audit rights, Checks and balances, Potential dissolution or liquidation, Buy-sell provisions (including triggers, mechanics, and valuation methods and procedures), Control features (including voting requirements and breaking deadlocks) General corporate governance, and Dispute resolution. The best method to resolve business disputes is to avoid them altogether through careful consideration and planning at the beginning. As Benjamin Franklin once said, “By failing to prepare, you are preparing to fail.” Instead of preparing to fail, at formation, co-owners should make a new plan for the future. Disclaimer: “You’re So Vain, You Probably Think This Song is About You” (written and sung by Clary Simon). Please note that this series is drawn from over 30 years of experience as counsel or neutral in business separations, reconciliations, and divorces. Nothing in this series is based on any specific dispute in which I have been involved. In addition, nothing contained herein constitutes legal advice nor does it create a professional relationship. ADR Insights on Business Divorces - Make a New Plan, Stan (Part 2 of 9) The post ADR Insights on Business Divorces: Make a New Plan, Stan (Part 2 of 9) appeared first on Sylvia Mayer Law.
They say that breaking up is hard to do. Now I know, I know that it is true. (Neil Sedaka’s Breaking Up is Hard to Do) (Written by Neil Sedaka and Howard Greenfield) Welcome to “Breaking up is Hard to Do.” This is the first in a nine-part series exploring dispute resolution for business divorces. Let’s start at the very beginning. What is a business divorce? Generally, a business divorce is when a situation arises between business partners leading to one or more seeking to break up. While some business divorces are amicable, many are not. When the co-owners cannot agree, then their dispute may end up in mediation, arbitration, or courthouse litigation. In this series, we will explore a myriad of issues related to resolving business divorces, including planning, emotions, valuation, potential reconciliation, and closure. Although breaking up is hard to do, careful advanced planning and thoughtful navigation of the process can help parties find a path to resolution of the disputes that arise in their business break-up. Disclaimer: “You’re So Vain, You Probably Think This Song is About You” (written and sung by Clary Simon). Please note that this series is drawn from over 30 years of experience as counsel or neutral in business separations, reconciliations, and divorces. Nothing in this series is based on any specific dispute in which I have been involved. In addition, nothing contained herein constitutes legal advice nor does it create a professional relationship. ADR Insights on Business Divorces - Breaking Up is Hard to Do (Part 1 of 9) The post ADR Insights on Business Divorces: Breaking Up is Hard to Do (Part 1 of 9) appeared first on Sylvia Mayer Law.
Mediation is a give and take. It requires listening and sharing. It requires understanding wants and needs. To illustrate, let’s consider Karen Kaufman Orloff’s “I Wanna Iguana.” In this story, young Alex’s friend Mikey is moving away and cannot take his pet iguana with him. Alex really, really, really wants to adopt his friend’s iguana. He just has to convince his mother. As the story unfolds, Alex and his mother exchange a series of letters. Alex explains in each letter why he should be allowed to have a pet iguana. His mom responds. Alex’s first letter reads: “Dear Mom, Did you know that iguanas are really quiet and they are cute too. I think they are much cuter than hamsters. Love, Your adorable son, Alex.” Mom responds: “Dear Alex, Tarantulas are quiet too, but I wouldn’t want one as a pet. By the way, that iguana of Mikey’s is uglier than Godzilla. Just thought I’d mention it. Love, Mom.” Their letters go back and forth as Alex tries various different arguments. These arguments range from, he’s so small you will never know he’s there, to which Mom responds that iguanas can grow to over 6 feet long so she will know, to the iguana can be the brother that I’ve always wanted, to which Mom responds that he already has a brother. Alex perseveres. But, more importantly, both Alex and Mom learn in the process. Through trial and error, they each begin to understand what is important to the other. In one letter, Mom reminds Alex what happened when he brought home the class fish. Alex responds with “Dear Mom, If I knew the fish was going to jump into the spaghetti sauce, I never would have taken the cover off the jar! Love, Your son who has learned his lesson. P.S. Iguanas don’t like spaghetti.” This letter marks a turning point because Mom responds by asking, if he were allowed to have the iguana on a trial basis, how would he care for it? Through more letters, Alex explains how he would feed and water the iguana, clean its cage, and use his allowance to pay for its food. Mom writes in her final letter, “Dear Alex, Look on your dresser. Love, Mom” And there, Alex finds the iguana. This story beautifully captures the give and take of a successful mediation. Alex and Mom each listened to the other. Each shared with the other. They each considered the wants and the needs of the other. And, ultimately, they reached an agreement. Listening. Sharing. Considering both your own wants and needs and the other’s wants and needs. These are important parts of finding your path to resolution. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation. As a parent, I have spent a gazillion hours reading books to my children. Oftentimes, these books teach me new ways to approach conflict resolution. In this case, Karen Kaufman Orloff’s “I Wanna Iguana” inspired this post. Disclaimer: Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. Mediator Insights - The Give and Take of Mediation The post Mediator Insights: The Give and Take of Mediation appeared first on Sylvia Mayer Law.
“Goodnight room, goodnight moon, goodnight cow jumping over the moon…” Does just reading or hearing those words make you feel more relaxed? That is the beauty of Margaret Wise Brown’s book “Goodnight Moon.” Her book has helped children fall asleep for decades and teaches us a valuable lesson for conflict resolution. Let’s explore this concept by looking more closely at the story. The story and imagery are simple. The book starts by painting a picture with words and images as a little bunny is getting ready for sleep. “In the great green room, there was a telephone and a red balloon and a picture of the cow jumping over the moon and there were three little bears sitting on chairs, and two little kittens, and a pair of mittens, and a little toy house, and a young mouse, and a comb and a brush, and a bowl full of mush, and a quiet old lady who was whispering ‘hush.’” Next, the story takes us through the bunny’s bedtime routine of saying goodnight to all in the room. “Goodnight room, goodnight moon, goodnight cow jumping over the moon…” Ending with “Goodnight noises everywhere.” This story’s patterns, repetition, rhymes, and simple imagery soothe and comfort us. There are no surprises. There is no real climax. There is just a calm and peaceful bedtime routine. What does “Goodnight Moon” have to do with mediation? Or arbitration? Or conflict resolution in general? It helps to illustrate a tool in a neutral’s toolbox. Whether mediation or arbitration, inherently all forms of conflict resolution involve conflict. While we cannot eliminate conflict from conflict resolution, we can create a safe space that allows parties to work through their conflict to find a path to resolution. In mediation, that may mean giving parties the opportunity to share and process their emotions. In arbitration, that may mean giving parties a fair and efficient means for each to tell their side of the story. Just as with “Goodnight Moon,” mediators and arbitrators use routine, repetition, and basic rules to put parties at ease. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation. As a parent, I have spent a gazillion hours reading books to my children. Oftentimes, these books teach me new ways to approach conflict resolution. In this case, Margaret Wise Brown’s “Goodnight Moon” inspired this post. Disclaimer: Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. ADR Insights - Goodnight Moon The post ADR Insights: Goodnight Moon appeared first on Sylvia Mayer Law.
Closure. Closure is generally defined as the act of closing or a comforting sense of finality. But what does closure mean in mediation? In mediation, closure is the sense of relief parties feel when they are able to put a dispute behind them. Particularly in emotionally charged, long-running, or very contentious disputes, regardless of what value may be exchanged to achieve a settlement, the feeling of closure is often priceless. And in some cases, closure is the most valuable aspect of the resolution. Disclaimer: Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. MMM - Closure The post MAYER MEDIATION MINUTE: Closure appeared first on Sylvia Mayer Law.
Today, I want to explore the importance of being curious. Curiosity allows us to learn and grow. Curiosity also leads to sharing. Sharing leads to understanding and connection. In mediation, understanding and connection can pave the path to resolution. So, in your next mediation, be curious. Curious about opposing views. Curious about options. Curious about wants and needs. Curiosity may just lead to resolution. Disclaimer: Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. MMM - Be Curious The post MAYER MEDIATION MINUTE: Be Curious appeared first on Sylvia Mayer Law.
Some who took out parent PLUS loans to send their kids to college expect to die with debt.USA Today has an article about Parent Plus Loans and parents who took them out.The article can be found at https://www.usatoday.com/story/news/education/2023/12/03/parents-struggle-student-loan-debt/71680559007/Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
The Daily Record has an article titled "Small business, big target: Predatory lenders take aim at struggling businesses | Civil Litigation". The article concerns Merchant Cash Advances to small businesses and the risks and pitfalls of those loans.The article can be found at https://nydailyrecord.com/2023/11/27/small-business-big-target-predatory-lenders-take-aim-at-struggling-businesses-civil-litigation/Jim Shenwick, Esq 917 363 3391 jshenwick@gmail.com Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
Being in debt is not an enjoyable experience in any way whatsoever. It can make you feel like you are beholden to someone else and not exactly free to do whatever you want. Even though you may be working to pay off a debt, the reality is that a creditor or debt collector may try to initiate a lawsuit against you to have the court compel you to pay them. Being on the receiving end of a lawsuit can be a scary experience, but you don’t have to go through it alone. You need experienced legal representation to defend yourself against a debt collection lawsuit. Fortunately, our attorneys can provide just that. We have represented people with debt issues before, and we can work hard to make sure you have the best defense possible against debt collectors who have stepped out of line. There are a number of ways that you can defend against a debt collection claim, ranging from fighting the lawsuit at trial to filing for bankruptcy and more. For a free, confidential analysis of your situation, call our Pennsylvania bankruptcy attorneys from Young, Marr, Mallis & Associates at (215) 701-6519. Can I Be Sued for Being in Debt in Pennsylvania? You can be sued for being in debt in Pennsylvania, but only for a certain amount of time. Statutes of limitation prevent you from being sued for certain things after a certain period of time. In the case of debt collection lawsuits, the statutory period is four years under 13 Pa.C.S. § 2725. This timer runs from when the first missed payment takes place. The statute of limitations can be used as a defense against a debt collection lawsuit. If the debt collector suing you has waited too long to file, they may be out of luck. However, it is important to remember that certain things can “toll” or prolong the statutory period. For example, making a payment after a missed payment may extend the statutory period. What to Do After Receiving a Debt Collection Lawsuit in Pennsylvania There are some things you can do right away to start fighting against a debt collection lawsuit. These steps are very important and need to be taken quickly so that you have the best chance of success in a debt collection lawsuit. Get in Touch with an Attorney Once you know you are being sued, you need to talk to our Pennsylvania debt lawyers as soon as possible. It is not advisable to take other steps without legal counsel. The law does allow you to represent yourself in court, but doing so will put you at an extreme disadvantage and virtually guarantee an unfavorable outcome. Respond to the Complaint Once you have obtained legal counsel, you have to respond to the complaint. If you do not respond to the complaint, it will have an adverse effect on the outcome. In Pennsylvania, you have 20 days to respond to a complaint for a debt collection lawsuit. In responding to the complaint with your “answer,” you are quite literally answering the claims put forth in the plaintiff’s complaint. You can admit to, deny, or simply ignore anything that the plaintiff has brought up in their complaint. Additionally, the answer is where you would put your initial defense to any of the plaintiff’s claims if you have any. Our lawyers can help you with this process. Once your answer is complete, you need to file it with the court and send a copy of it to the plaintiff so their lawyers can examine it. Bankruptcy Can Stop Debt Collection Lawsuits in Pennsylvania There also may be ways that you can avoid a debt collection lawsuit entirely. One of the primary ways of doing this is by filing for bankruptcy. The prospect of doing this may be scary, but, in reality, filing for bankruptcy is not as definitively awful as common parlance would lead you to believe. The main purpose of bankruptcy is not to leave you destitute, but to clear your slate so that you can start over. Essentially, the court is taking over the debt payment process so that you can focus on getting all debts paid. The court does this through an “automatic stay.” This is a court order that stops all forms of debt collection against you immediately. A debt collector can not even call you once an automatic stay is in place. This helps the court take over the process. Depending on the chapter of bankruptcy you file under, the process will be different. Chapter 7 Bankruptcy Chapter 7 bankruptcy is the most streamlined, quickest, and least precise form of bankruptcy. Part of the reason that Chapter 7 bankruptcy is so efficient is that it is fairly indiscriminate in which assets it sells of to pay off debts. Therefore, you need to be prepared to have any asset potentially liquidated to pay off debtors. For these reasons, Chapter 7 is useful for individuals either with few assets or large amounts of debt. No matter how much debt or how little assets you have, once everything has been liquidated, all your debt is gone, whether it was able to be paid off with your assets or not. Chapter 13 Bankruptcy Chapter 13 bankruptcy is a much more precise, and therefore longer, process. Under Chapter 13 bankruptcy, you are able to name certain assets as “off limits” from liquidation. However, Chapter 13 bankruptcy can take a long time to finish, so you will need to be comfortable with being bankrupt for an extended period of time. Call Our Pennsylvania Debt Attorneys Today Young, Marr, Mallis & Associates has Delaware County debt attorneys ready to take your calls and give free case reviews at the number (215) 701-6519.