Quincy Legal Issues Blog

Creating a proper partnership agreement

Whether starting a new business or looking to grow a current one, a partnership can be beneficial. When considering this option, it is important to put a partnership agreement in place.

This business agreement aids in establishing the parameters of the working relationship. As such, a proper agreement must include a few key elements.

Why a business start-up needs an attorney

Starting a new business is not for the faint of heart. Often, a new business owner has taken some sort of financial risk to begin a new venture. That being the case, it makes perfect sense to have a great start-up attorney on your side to make sure all is as it should be, and you are completely covered should something go awry. In addition to drafting contracts and other necessary paperwork, there are multiple other areas where having a skilled business attorney to consult will come in handy.

First, it is of utmost importance to make sure your business is set up to operate in a way that will allow you the least amount of tax liability. No one wants a large surprise tax bill at the end of the year. The attorney who is assisting you in legal business formation can also assist in getting you set up with the right accountant for your needs. Second, an attorney is highly recommended when negotiating initial contracts with customers and suppliers. It is important to make sure parties on both ends fully understand are in agreement with the same expectations as the relationship progresses.

Quincy man charged with trafficking multiple drugs

According to recent reports, a 40-year-old Quincy man has been arrested on several drug charges, including trafficking fentanyl, possession with intent to distribute a class B drug and possession with intent to distribute class D drugs, which are prescription medications. The class B drug was crack cocaine.

On Wednesday, September 25, at approximately 4:45 p.m. an undercover officer allegedly observed the man selling drugs to a 26-year-old man on Greenleaf Street. That buyer was not a Quincy resident, but instead resides in Attleboro. Officers approached and arrested the suspect when he returned to his vehicle. There, they searched and seized a backpack that allegedly contained a plethora of drugs, including 17 grams of Fentanyl, Adderall pills, Gabapentin pills, 19 grams of crack cocaine and Suboxone strips, along with other drug paraphernalia used for distribution.

The importance of representation in shopping mall acquisition

The acquisition of any large commercial property involving multiple players is a highly detailed, complex matter. It is in the best interests of all parties for such a deal to be both guided, and negotiated, by a skilled commercial real estate attorney. Often, in the case of shopping mall acquisitions, purchase amounts can reach multi-millions, if not billions, of dollars. We don't know about you, but if we are spending that kind of money, we want the eyes and knowledge of every expert we know reviewing the documents.

Since the e-commerce revolution has taken hold, brick and mortar stores are closing at an alarming rate. Multiple retail giants have made the decision to close-up shop and enter bankruptcy proceedings. As such, the acquisition of any brick and mortar complex holding multiple retailers needs to be a very strategic and well thought out purchase in order to survive. This is where the expertise of a great commercial real estate attorney comes in.

What can bankruptcy’s automatic stay protect you against?

Getting behind on your bills can prove immensely stressful, particularly if you also field communications from creditors threatening to turn your lights off or otherwise make your life more difficult. If your finances have spun far enough out of control that you now dodge regular calls from creditors, you may consider whether you could find some relief through filing for bankruptcy.

Once you officially begin the bankruptcy process, the court will issue an order known as “automatic stay.” Just what does this order do, and how can it help you find relief from your creditors?

Four differing types of power of attorney

There are sometimes circumstances that arise in life during which people is, unfortunately, unable to make important decisions for themselves. It is during these times that a document called a "power of attorney" could come into play. This document allows a designated agent to legally make decisions for another person. While many people may have heard of a power of attorney, most do not realize that there are several different types, each serving its own specific purpose.

The first, and likely the most utilized version, is the "durable" power of attorney. It comes into play when a "principal," who is the person giving the power, becomes incapacitated in some way and is no longer deemed fit to make their own decisions. This power is irrevocable. It will remain in place until a principal dies. Second, a durable power of attorney may also be drafted with "springing" powers. It is the exact same as a standard durable POA, except that it is not always in force. This power "springs" into place when a catastrophic event happens that left the principal incapacitated.

New apartment occupants left homeless by construction delays

Tenants expecting to move into Quincy's newest apartment tower, Nova Residences, received bad news by email on the last Tuesday in August. The project developer, LBC Boston, informed residents that their new homes would not be ready for move-in by September 1st, the date when the project was originally scheduled to be completed. Instead, all apartments were expected to be ready by late September.

With 130 leases already signed, at least 80 of those tenants had already made arrangements to move-in, with some even having already cancelled other leases. Now, they find themselves unexpectedly homeless. The developer has offered to put the displaced residents in hotel rooms, as well as reimburse any storage fees incurred for belongings until the units are ready.

Business formation types that limit personal liability

When you launch your own business, the type of business structure you choose to establish has far-reaching implications. The business structure you decide upon can ultimately impact everything from how you go about getting funding to how you pay your taxes. Understanding the differences between the various types can help you get a better sense of the best structure for your needs.

Often, the main goal of many entrepreneurs is limiting the amount of liability they have in their businesses. This is an important step for all types of business owners, regardless of the industry they plan to operate in.

Immigrants now subject to public charge rule

On August 12, 2019 the U.S. Department of Homeland Security finalized what is known as the "public charge" rule. It is slated to go into effect on October 15, 2019 and has the potential to cause the great majority of immigrants to be denied a green card or visa.

The definition of a public charge is someone who receives, or is deemed likely to receive, government benefits of any kind. Under the new rule, by doing so, he or she may be denied entry in the U.S. or refused permanent status. The benefits include, but are not limited to, SNAP benefits, Medicaid, subsidized or Section 8 housing, SSI, and TANF. As of the effective date of the new rule, when an immigrant applies for a green card or Visa, only the benefits received by that individual person will be considered. The reason this could create an issue is because when the head of household applies for those benefits, the family is taken into consideration as a whole. In other words, the amount of benefits that person receives also include the family needs as a whole. For example, SNAP benefits may be enough to purchase food for a family of four. However, when applying for permanent resident status, those amounts can be viewed as only for one person, thereby making it seem that person is government dependent, and shall be denied. That person is labeled as a "public charge" and shall not be permitted entry or residency to the U.S.

Can you file bankruptcy to discharge student loan debt?

Can you file bankruptcy to discharge student loan debt? This common question has a two-part answer. The answer to the direct question of whether or not a person can list a student loan lender as a creditor in a bankruptcy case is "yes." The lender can, and should, be listed as a creditor, but whether the debt can actually be discharged is another discussion. The answer to this question is "possibly," but it may require additional work.

When any portion of a student loan is considered to be government insured, or in other words to be a federal student loan, a separate proceeding known as an adversary proceeding must be filed. If the student loan is solely issued by a private lender, such as a bank, then it may be discharged within an original bankruptcy filing.

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