Northern Georgia General Law Blog

Removing an automatic stay as a creditor

If you have a business and you are owed money by a debtor, you will want to know the best options that you have to retrieve this money successfully. Suffering non-payment can have disastrous effects on the cash flow and the overall health of a business. Therefore, it is important that you do what you can in order to address the situation.

If your debtor has filed for bankruptcy recently, it is likely that they will be subject to an automatic stay. This means that as a creditor you will not be legally able to take action against them for the debts that they owe you during this time.

Will I be able to afford repayments if I file for bankruptcy?

If you are struggling with debt that feels uncontrollable, it can be difficult to see the light at the end of the tunnel. Feeling hopeless about your financial situation can lead you to become numb, opting to carry on spending regardless, rather than sitting down to create a plan of action. This attitude can only go on for a certain amount of time before you will be forced to face consequences.

You may be looking into the option of filing for bankruptcy if your debts seem impossible to pay back. Bankruptcy offers many advantages to debtors, including the possibility of having some debts written off. However, it also requires determination and willpower. Many debtors worry that filing for bankruptcy will lead to unmanageable repayment obligations, and as a result, are cautious about filing.

Understanding drilling rights as a Georgia landowner

Many people assume that if they own a particular piece of land or property in the state of Georgia, this means that they automatically have the right to anything that lies underneath the soil. However, this is simply not the case. In the United States, a clear distinction between mineral rights and surface rights is made.

While surface rights allow you to build and own property on the land, mineral rights give you the ability to extract and sell any asset that exists underground on the property. These assets might include oil, coal or natural gas. These "split estates" of mineral rights and surface rights originally existed to encourage people to move west.

Planning your estate as a small business

If you own a small business in the state of Georgia, it is likely that you will want your loved ones to benefit from your legacy in the future. Making sure that your business will live beyond your lifetime can be an exciting and fulfilling prospect. However, the road to making this a possibility can involve a significant amount of paperwork and planning.

There are many things that you will need to take into account when planning your estate as the owner of a business. These issues can become much more complex if the business is owned by multiple people. You will also want to ensure that your estate plan is tax efficient.

Intellectual property law for Georgia songwriters

If you work in the entertainment industry, it is likely that you are tasked with creating content, whether this is through the medium of writing, directing or the creation of sound. This creation will be unique to you and will be your source of income. However, ideas and artistic creations are relatively intangible compared to a physical commercial object.

This intangibility of creative content can mean that writers, directors and artists can be vulnerable to intellectual property theft. Intellectual property law works to protect creators, inventors and companies from having valuable intellectual property stolen by competitors.

How to chase unpaid invoices as a small business

One of the most challenging aspects of running a small business is making sure that your cash flow is healthy. If your clients are not reliable in regard to paying within invoice deadlines, this can make maintaining a healthy cash flow almost impossible, and this can lead to big problems for your business going forward.

If you are struggling to successfully chase unpaid invoices, it is important that you fully understand the legal options that you have as a small business in the state of Georgia. In addition, it is a good idea to learn about practical steps you can take in order to get the payment that you are owed.

How you're incorporated may affect how much in taxes you owe

One of the reasons many entrepreneurs or small business owners incorporate themselves is in hopes of reducing the tax burden that they have to pay. Ever since the passing of the 2017 Tax Cuts and Job Acts (TCJA) bill though, it's left even more people wondering what type of business formation is ideal for them.

Those who are incorporated as partnerships, sole proprietorships, S corporations or who are self-employed may receive a 20 percent pass-through deduction beginning this year. Anyone working in the service industry such as financial planners, doctors or lawyers must earn less than $207,500 if they're filing individually or $415,000 for married filers in order to qualify for it.

Addressing your fears about bankruptcy

When you are drowning under your debt, it is likely that you are fearful about many things. It might be that you are fearful about losing your car or home, or that you worry that your children might not be able to enjoy a good quality of life. With all of this fear, worries about taking action are also accompanied.

It is normal to be fearful about taking action, but the reality is that burying your head in the sand is going to be much more damaging in the long term than making a change now. Filing for bankruptcy is a big step, but it offers many families a chance to be free of their debts.

Do I have the right to minerals on my land?

When you own land and you find minerals or other naturally occurring substances of value, you may be curious about your options when it comes to mining these substances and selling them. While you may assume that anything you find on your land is your property, this may not actually be the case.

In the state of Georgia, there is a clear legal difference between rights to the surface of a piece of land and the rights to the minerals below the surface of the land. This surprisingly means that even if you are the surface owner of a piece of land, another entity may, in fact, have the right to the minerals underneath your piece of land.

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