LexMonitor

A word about extra-judicial debt workouts

Whether you are a small business owner or an individual who is insolvent (cannot pay their debts as they come due), then you may look at doing a workout outside of bankruptcy. The starting point for this, oddly enough, is to get an analysis by a lawyer who practices bankruptcy to see what a...

Don’t get ripped off by “debt solution centers”

So called debt solution centers have begun advertising on television during these tough economic times. Before going to one, be sure to read this <a href="Check out this post at Kentucky Bankruptcy Law to avoid being ripped off.">post at Kentucky Bankruptcy Law.

G.A. Napier

The "loathe to leave" principle allows credit card companies to raise interest rates after a year or two, insurance companies to jack up their rates year after year, and cable and phone companies to raise rates even in a bad economy. The cloud in the silver lining is that this practice mainly...

G.A. Napier

Here is the general scenario which appears over and over again: Small Business Owner (SBO) goes to the bank to get a loan to either purchase a business or purchase a new asset, such as land to develop. The bank is glad to lend money to SBO after looking over the business proposal and sets up a...

G.A. Napier

Even if you have your business in an LLC, PSC, S-Corp or other vehicle, that business can still be subject to the courts if you, as an owner, go through a divorce. This post at Lexington Family Law blog regarding a recent family law decision outlines one scenario that could entangle your business...

Questapalooza!

G.A. Napier

The Court of Appeals just released a decision that shows that getting greedy will get ya’ in the end. Despite precedents that show that contracts substantially favoring the party with the greater power often are deemed unconscionable (so unfair as to not be enforceable), lawyers stiff draft...

G.A. Napier

In a case of first impression (first time an issue has been ruled upon) in Kentucky, the state’s Supreme Court addresses franchisor vicarious liability in Papa John’s Int’l, Inc. v McCoy, 2005-SC-000614-DG (Jan. 24, 2008)(to be published). Frainchisor vicarious liability is like...

G.A. Napier

This post captures the final lessons learne from the recently released Kentucky Court of Appeals case of Mickler v. Mickler, 2006-CA-001313-MR (Jan. 25, 2008)(to be published). Many other lessons related to family law exist in the underlying facts and procedure and can be found at this post at...

G.A. Napier

Arbitration provisions are found everywhere these days. Retailers and service providers are quite smitten with arbitration because they anticipate it will reduce litigation costs considerably. This overriding desire to arbitrate can lead to creative measures to secure a contract provision...