Jones & Walden LLC Atlanta Bankruptcy Law Firm | Business Law & Real Estate 2026-06-30T03:22:15Z https://www.joneswalden.com/feed/atom/ WordPress On Behalf of Jones & Walden LLC <![CDATA[Filing Chapter 11 for an organized, optimized wind down]]> https://www.joneswalden.com/?p=48482 2026-06-30T03:22:15Z 2026-06-30T03:22:15Z How Chapter 11 bankruptcy helps In a Chapter 7 bankruptcy, expediency is built into the process. Filers provide information about assets and debts to the courts. The trustee oversees asset liquidation and distributions to creditors before the discharge, which may only require a few months of waiting. The need to liquidate assets rapidly may lead to trustees accepting less than the optimal value for assets worth tens of thousands of dollars or more. In a Chapter 11 bankruptcy filed with the intention of winding down operations, businesses have more control over the asset liquidation process. They can potentially secure better prices for critical resources, such as machinery, vehicles and real estate owned by the business. Securing a better sale price for key assets can result in the repayment of more debts, including obligations to employees and investors who took a risk on the company previously. For those who want to control the wind-down process and reduce the losses suffered by creditors, Chapter 11 bankruptcy can be a viable alternative to traditional Chapter 7 procedures when preparing to end operations. Working with an experienced business bankruptcy attorney can help those who own and run businesses choose the right form of bankruptcy and maximize the benefits derived by filing.]]> On Behalf of Jones & Walden LLC <![CDATA[The role of disgorgement in IP infringement cases]]> https://www.joneswalden.com/?p=48481 2026-06-15T22:27:19Z 2026-06-15T22:27:19Z disgorgement damages in its case against the company that makes Dean Guitars for the profit it made through its unauthorized use of multiple Gibson trademarked shapes and wordmarks for its own instruments. Calculating the amount of disgorgement damages due can be complicated. That’s because it involves the amount of profit made solely because of the wrongful activity – in this case, trademark infringement.

Disgorgement is just one possible remedy

Disgorgement is usually just one type of trademark infringement remedy ordered. Those found liable typically have to pay damages as well. For example, they may need to reimburse a trademark holder for any losses it suffered if their brand became unwittingly associated with an inferior product or customers purchased the infringer’s product in error. It’s always important for victims of trademark or other IP infringement to act as soon as possible to stop the infringement and stem their losses. The best first step – almost always – is to get experienced legal guidance accordingly.]]> On Behalf of Jones & Walden LLC <![CDATA[Hidden IP issues in family business mergers]]> https://www.joneswalden.com/?p=48480 2026-06-10T14:53:47Z 2026-06-10T14:53:47Z Intellectual property assets often hidden in plain sight Some IP assets help your business run every day, even if you rarely think about them. During a merger, IP may support your business in several ways:
  • Protecting your business name through trademark rights
  • Maintaining customer lists built over many years
  • Using software that supports daily work
  • Creating marketing materials associated with your brand
  • Managing websites and domain names connected to your company
  • Protecting trade secrets that help the business compete
These assets can help bring in revenue, retain customers and support daily work. As a result, they may affect how the parties view the business.

Determining who actually owns the IP

Questions about ownership can arise when a family business develops IP over time. For example, a founder may register a trademark personally instead of through the business entity. In another case, a family member may create software or marketing materials without transferring ownership to the company. During a merger, the parties may need to confirm that the business owns the IP it uses every day. If ownership records do not match day-to-day use, questions about transfer rights and control may arise.

Merging brands and preserving goodwill

If your family business has operated for many years, customers may recognize and trust your brand. When two businesses merge, branding decisions can affect how customers view the new company. The parties may decide to continue using both brands, retire one brand or adopt a new name. Trademark rights, customer loyalty and reputation can all shape those discussions. The outcome may affect the company's goodwill and the strength of its brand..

How IP fits into long-term succession planning

Some family business mergers happen as a family prepares to pass ownership to the next generation. You may merge related companies before retirement, prepare for the next generation or simplify a family business structure. In those situations, intellectual property remains part of the business. Trademarks, trade secrets, software and similar assets may need separate review when ownership changes. If succession planning is part of the merger, IP may affect who owns and runs the business in the future.  ]]> On Behalf of Jones & Walden LLC <![CDATA[Can business loans put personal assets at risk?]]> https://www.joneswalden.com/?p=48479 2026-06-04T08:25:56Z 2026-06-04T08:25:56Z Business owners are sometimes risk-averse if they are worried about the long-term financial ramifications. But the business world is naturally going to contain some amount of risk, and owners need a way to take on financial obligations, such as business loans, when starting companies. There are solutions that can help, and it often depends on the type of business structure that a person chooses.

A sole proprietorship

For instance, some businesses are sole proprietorships. This essentially means that one person is running the business, and they may have opened it in their own name. This is a simple choice, and it may be something you have settled on if you have decided to start a side business while still working at your 9-to-5 job. But with a sole proprietorship, you are basically just taking out business loans in your own name. This means that your personal assets, like your family home or your savings, could be at risk if you fail to pay off the loan.

A limited liability company

Another option, though, is to set up a limited liability company, or LLC. When you do this, you are taking out loans in the name of the business, not on your own. If you fail to pay off the business loans, such as if you declare bankruptcy, creditors are still owed money from the business and may take business assets to satisfy that debt. But because the loan is not in your own name, they generally cannot come after your personal assets. An LLC shields you from this personal risk. When considering business formation, business bankruptcy options and much more, it is very important to know exactly how the legal process works and what options you have.  ]]> On Behalf of Jones & Walden LLC <![CDATA[What qualities should you look for in a business partner?]]> https://www.joneswalden.com/?p=48477 2026-05-21T17:06:46Z 2026-05-21T17:06:46Z As an entrepreneur considering a partnership, it’s vital to choose the right partner. Since they will have co-ownership of the business, they will directly impact the company’s decisions, culture, daily operations, profits, losses and so on. Therefore, you want to partner with someone who possesses the skills and qualities necessary for growing the business. A business partner should have several positive traits.  Here are three core qualities to look for:

Trustworthiness

You should trust that your chosen business partner will act in the best interest of the business. It can be frustrating to feel like you need to micromanage your partner or double-check their decisions because of their actions.  Through observing the people you are considering to go into business with, you can identify one with unyielding integrity. Conduct professional reference checks by contacting former associates/clients/employers, review how they have managed projects before, assess how they handle business difficulties/conflicts and examine their communication skills. A trustworthy business partner is reliable, their actions align with their words, they are accountable, clearly share information and handle challenges effectively.

Shared passion and goals

Your business partner should be passionate about the business venture. Your values and long-term goals should be aligned. This way, you can be on the same page about what success for the business looks like and how to grow the company.

Complementary skills

Although having similar values and skills necessary to run the business are crucial, consider choosing someone who also possesses different abilities. Someone who excels in areas you are not strong at. For instance, they may be great at day-to-day operations and marketing, while you are great at innovation and developing the product/service. Choosing the right business partner is integral to the success of a partnership. Get more information to increase the chances of benefiting from a partnership.   ]]> On Behalf of Jones & Walden LLC <![CDATA[What should you know as a creditor about 341 meetings?]]> https://www.joneswalden.com/?p=48476 2026-05-07T06:30:29Z 2026-05-07T06:30:29Z No business owner wants to find out that a client or anyone else who owes them money has filed for bankruptcy. However, if you know a bit about how bankruptcy law works, you may be able to improve your chances of recouping at least a portion of what you are owed. It’s important to know about creditor meetings. These are commonly called 341 meetings because that’s the section of the Bankruptcy Code in which they’re addressed.  A 341 meeting is required for those filing for Chapters 7, 11, 12 and 13 bankruptcy. They’re typically held somewhere between three and eight weeks after the bankruptcy filing. Anyone who is listed as a creditor in the bankruptcy filing should receive notification of the meeting. The person or company filing for bankruptcy is required to attend the meeting, and the bankruptcy trustee generally oversees it. Creditors are not required to attend, and they don’t lose their rights as a creditor if they don’t attend. The order of repayment typically remains the same. It’s based on things like whether the debt is secured or unsecured.

What happens at these meetings?

These meetings are often held via videoconference and typically don’t last long. By attending the meeting (especially if you’re prepared with questions and know what to listen for), you can improve your chances of getting some repayment.  The 341 meeting gives the creditors in attendance, as well as the bankruptcy trustee, the chance to ask the debtor questions related to their assets and debts that they have sworn to answer truthfully. If you learn of a debtor’s bankruptcy and aren’t notified of the 341 meeting, or you have questions about any ways you can improve your chances of collection, it can be worthwhile to get experienced legal guidance. This can help you make your best efforts to collect what is owed you.  ]]> On Behalf of Jones & Walden LLC <![CDATA[What is an advance directive and why do you need one?]]> https://www.joneswalden.com/?p=48474 2026-04-24T15:07:05Z 2026-04-24T15:07:05Z Protecting your medical wishes An advance directive is a legal document that allows you to record your health care preferences and name someone to act on your behalf if you cannot. In Georgia, any competent adult 18 years of age or older, as well as emancipated minors. Georgia law allows specific family members to make medical decisions for you, but leaving them without guidance can lead to disputes in the future. This can force the court to step in and appoint a guardian, which takes time and adds unnecessary stress to an already difficult moment.

Exploring the key components

Georgia law provides a specific statutory form for advance directives. The document generally combines two functions: a living will and a health care power of attorney. The living will portion allows you to outline the types of medical treatment you want or do not want if you become terminally ill or are in a state of permanent unconsciousness. You can address preferences regarding life-sustaining procedures, artificial nutrition and other forms of intervention. The healthcare power of attorney section lets you designate a health care agent. This person should understand your values and be willing to advocate for your preferences, even under pressure.

Finalizing and safeguarding your document

To be legally valid in Georgia, your advance directive must be signed in the presence of two competent adult witnesses. Neither witness can be the person you name as your health care agent, and at least one witness must not be a relative to you by blood or marriage. The state does not require notarization for an advance directive to be enforceable, though notarizing the document can provide an additional layer of authentication. Doing so may also make it easier to use across state lines if you travel or relocate. Once you finalize the directive, distribute copies to your health care agent, your primary care physician and any hospital where you receive regular treatment. Consider reach out to an attorney to help you conduct periodic reviews on your documents and ensure that everything is according to your recent wishes.]]> On Behalf of Jones & Walden LLC <![CDATA[Is another business using your name?]]> https://www.joneswalden.com/?p=48472 2026-04-22T15:38:34Z 2026-04-22T15:38:34Z You developed a unique name for your business and registered it, and then you notice that another business is using it. This can be an infringement of your intellectual property (IP) rights. It can confuse your customers, potentially leading to lost sales. Besides, if that business offers poor service or products, you may end up with bad reviews intended for that company. Therefore, it's important to respond appropriately to protect your business. Here is what you can do:

Determine if there is a likelihood of confusion

Firstly, determine if the other business using your name creates a likelihood of confusion.  Is the name exactly similar to yours? Are the names pronounced the same way even if they are spelled differently? Are the names confusingly similar in appearance? Are the goods or services associated with each name related? Are the goods and services of both businesses used by the same purchasers? The United States Patent and Trademark Office (USPTO) can register two businesses with the same name if there isn’t a likelihood of confusion. If you believe the other business using your name creates confusion among customers, you should take action. Besides, chances are the business is not registered with the USPTO.

Gather evidence 

Collect evidence of your ownership of the trademark and the other business’s usage of it. Gather your registrations, sales records and marketing materials, then take screenshots of the other business's website, social media accounts and marketing materials.

Send a cease and desist letter

Send the other business a formal cease and desist letter, informing them to stop using your registered name. Ensure you draft an effective letter. Another business using your name can negatively impact your brand. If you are experiencing IP infringement, it’s vital to be adequately informed to take steps that offer the most favorable outcome.   ]]> On Behalf of Jones & Walden LLC <![CDATA[When succession planning works best as a family affair]]> https://www.joneswalden.com/?p=48470 2026-04-01T12:37:02Z 2026-04-02T12:32:55Z Involving your children in future plans Priming your children to take over your business in the future goes beyond providing practical skills development and specialized training. Letting them take part in the business and making them feel heard in business discussions is also part of it. When preparing your succession plan, asking your children about their future goals when they are in charge can provide helpful insights. Taking their aspirations and plans into account can inform your decisions about passing your business to them.

Creating a clear succession plan

Business owners start succession planning early to clarify the complexities of moving a company from one generation to the next. A well-defined plan addresses different key aspects, including:
  • Leadership transition: Specify when and how leadership will transfer to your children while defining their roles and responsibilities during the transition period.
  • Financial considerations: Detail tax implications during the transfer of ownership and assets.
  • Conflict resolution: Outline processes for resolving potential conflicts that may arise during the transition.
  • Future opportunities: Describe the vision your children have for the company and how they plan to achieve that as the new leaders.
  • Contingency plans: Develop alternative solutions to address unforeseen circumstances like market changes or company restructuring.
Succession planning means that you are preparing for a process, not a singular event. Since your plan should comply with local laws as well, seeking legal guidance can help ensure that your succession plan meets these requirements.

Passing on your legacy

Preparing to transfer the family business to your children is a daunting task. By creating a detailed plan, you can position your company for long-term success even after a leadership transition.]]> On Behalf of Jones & Walden LLC <![CDATA[When co-owners disagree: Navigating partition action in Georgia]]> https://www.joneswalden.com/?p=48467 2026-03-23T14:49:32Z 2026-03-23T14:48:39Z What is a partition action? A partition action is a lawsuit that forces the sale or division of jointly owned property. Many consider this when a consensus cannot be reached regarding the sale or management of the property. A partition often arises in situations where:
  • Co-owners inherited property together as heirs
  • Former partners or spouses no longer wish to share assets
  • Business partners have reached a deadlock regarding their real estate investment
When you find yourself in these or similar situations, you aren't necessarily at the mercy of the other owners' demands. Generally, the courts cannot deny your right to partition based solely on the other owners' objections.

What are the two types of partition action?

When negotiations fail, filing a real estate lawsuit or a partition action can give you a legal path to resolve the conflict. Courts often resolve similar real estate disputes in one of two ways:
  • Partition in kind: This physically divides the property between the owners into separate parcels. Each owner receives their proportional share as individual property.
  • Partition by sale: This requires selling the property and dividing the proceeds among co-owners. Courts often choose this option for residential homes or buildings that cannot be divided fairly.
Because partition is an equitable remedy, a court has the discretion to divide the property or distribute sale proceeds.

What should you know before filing a partition action?

Before you initiate a case, it is essential to clarify the type of co-ownership you hold. The process can vary depending on the nature of ownership. Moreover, it can affect survivorship rights and how interests transfer. For example, if the property qualifies as “heirs property,” state law includes protections that often affect valuation, sale procedures and buyout opportunities.

Protecting your interests during an ownership dispute

If you are facing a deadlock with a co-owner or no longer wish to share a real estate asset, you can use a partition action to move forward. Whether you want to sell your interest or force a sale of the entire property, taking prompt action prevents ongoing conflicts from reducing the property's value.]]>