Jones & Walden LLC Atlanta Bankruptcy Law Firm | Business Law & Real Estate 2026-08-07T22:36:14Z https://www.joneswalden.com/feed/atom/ WordPress On Behalf of Jones & Walden LLC <![CDATA[3 details you may overlook while signing a commercial lease]]> https://www.joneswalden.com/?p=48484 2026-08-07T22:31:12Z 2026-08-07T22:31:12Z Hidden costs Oftentimes, people sharpen their focus and check the base rent mentioned in the document but miss out on the costs related to maintenance and utilities. This could lead to unexpected expenses in the future, which in turn may leave a huge dent in the budget of your operational costs.

Personal guarantee clauses

This is a crucial clause that you cannot miss whatsoever as it affects your personal assets. Landlords frequently include personal guarantees to ensure they can come after your personal savings, home or other property if your business defaults on rent.

Restrictions on usage

If you overlook clauses that mention narrow restrictions, it might surprise you later when you attempt to make maximum use of the space the landlord has provided you. Make sure there aren’t clauses that can hinder your functioning immediately or in the later stages. If you find one, make sure you negotiate with the landlord beforehand to reduce the chances of real estate issues in the future.

The need for a hawk’s eye

Sometimes a boilerplate language could nudge you to skim through the document. However, a thorough reading of the agreement is essential to save your company’s bottom line. An experienced real estate attorney can assist in identifying complex details or potential oversights within the document.]]> On Behalf of Jones & Walden LLC <![CDATA[When a Georgia healthcare practice should consider bankruptcy]]> https://www.joneswalden.com/?p=48483 2026-08-07T22:30:04Z 2026-08-04T22:28:06Z Signs your healthcare practice may need to consider bankruptcy Several warning signs suggest it may be time to explore bankruptcy protection:
  • You are consistently unable to meet payroll or pay suppliers on time.
  • Creditors are coming after you or threatening to sue.
  • Your reimbursement rates no longer cover operating costs.
  • You have taken on personal debt to keep the practice running.
  • A key lender has accelerated repayment or threatened foreclosure.
If these warning signs are present, delaying action can limit your practice's legal options. Bankruptcy protection stops creditor collection efforts immediately through an automatic stay, giving you time to assess your situation and develop a plan.

What makes healthcare bankruptcy different from other businesses

Healthcare practices face unique considerations in bankruptcy that most other businesses do not. When a medical practice files, the court may appoint a patient care ombudsman to monitor the quality of care and protect patient interests throughout the process. Patient records must also be handled according to strict federal and state requirements, regardless of what happens to the practice. A bankruptcy filing does not automatically affect your medical license, but certain outcomes, such as failing to meet professional obligations, can trigger licensing board scrutiny. These factors make it essential to work with counsel who understands both bankruptcy and healthcare.

Which bankruptcy option makes sense for your practice?

The right path depends on whether you want to keep the practice running or wind it down. If your practice is still viable, Chapter 11 or Subchapter V reorganization lets you restructure debt while continuing to operate. Subchapter V is well-suited for smaller practices, offering a faster and less expensive process than standard Chapter 11, with a current debt limit of $3,424,000. If the practice is no longer viable, Chapter 7 liquidation allows for an orderly wind-down of assets under court supervision.

When an out-of-court workout is a better option

Bankruptcy is not always the right answer. If your practice has a manageable number of creditors and a realistic path to restructuring through negotiation, an out-of-court workout can achieve the same result with less cost and disruption. A workout involves negotiating directly with lenders to modify loan terms, defer payments or settle obligations outside of court, without the public nature of a formal filing. An experienced bankruptcy attorney can help you evaluate whether a workout is realistic given your creditor profile and financial position.]]> On Behalf of Jones & Walden LLC <![CDATA[Understanding prescriptive easements in Georgia]]> https://www.joneswalden.com/?p=48485 2026-08-07T22:35:06Z 2026-07-24T22:34:11Z Establishing a prescriptive easement in Georgia To gain a prescriptive easement, a person shows steady and constant use of the land for a specific period. Georgia law generally involves seven years of use for improved land and 20 years for wild or unimproved land. Real estate disputes often arise when owners do not clearly define or document this use. Courts typically look for evidence that the use was adverse, meaning it occurred without the express permission of the owner. Permission from the owner usually defeats a prescriptive claim because the use was not hostile.

Maintaining the path of use

A claimant can also prove that they kept the specific area in good repair during the entire statutory period. Georgia courts often look for the user to perform some form of care on the path or driveway. This physical act shows the person is treating the area as a right of way. Prescriptive easements involve the user staying within the same footprint throughout the years of use. Shifting the path or expanding the area used may reset the clock on the needed time period. This strict rule prevents property owners from facing growing claims over time.

Protecting your property from claims

Owners can prevent these easements by watching boundaries and addressing unapproved use early. Giving written permission can change an adverse use into a license which does not grant permanent rights. Recording these agreements or installing physical barriers may help prevent future litigation over boundary lines.

Seeking guidance on property rights

Managing land use issues involves a clear understanding of state laws and local court precedents. Property owners stay proactive to help their titles remain clear and neighbors respect their boundaries. Speaking with a lawyer experienced in prescriptive easements can help you evaluate options and protect your property.]]> On Behalf of Jones & Walden LLC <![CDATA[3 ways to raise money for a start-up]]> https://www.joneswalden.com/?p=48486 2026-08-07T22:36:14Z 2026-07-13T22:35:21Z three general options to choose from to get funding. Let’s look briefly at those.

Taking out a business loan

Some entrepreneurs apply for loans that can be granted if they demonstrate a viable idea and a business plan to the lender. In a case like that, already having intellectual property protections in place could be helpful. Holding a valid patent for an invention may make the business seem much stronger to a lender than simply an idea.

Bringing on investors

Sometimes, entrepreneurs approach private investors. Even if a financial institution will not give them a loan, an investor may be willing to fund the operation in exchange for an ownership percentage.

Self-funding and crowdfunding

Finally, some people self-fund, especially if they start a small side business that they build over time. Others will turn to various crowdfunding platforms. Often, the tactic is simply to sell products in advance and use the money that these sales generate to build and ship those products. Exactly where the funding comes from can have a major impact on how the business is structured, who has ownership rights within that business, and how creative or executive decisions should be made moving forward. During this complex process, it is important for business owners to know exactly what legal steps they will need to take.]]> 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.  ]]>