Volk Law Offices, P.A.

Practice Areas

 

Bankruptcy

Bankruptcy

Bankruptcy is a complex area and it would be dangerous to go forward without professional help. The risks of criminal liability, the loss of certain of your belongings, and not receiving a discharge make the cost of professional help a wise investment. There are many factors that go into the decision of whether to file, and, if so, the election of the appropriate chapter, as well as proper use of exemptions and using all of the protections of the bankruptcy law to your advantage. It is a very serious step that could affect you for the rest of your life. The objective in bankruptcy is to get a discharge, which will wipe out most or all debts and they will not have to be paid. Creditors cannot try to collect most debts from you after you file. With a few exceptions, the creditors have no claim on your future income or future assets. You will need to keep paying on debts such as mortgages and car loans if you want to keep the collateral for the loan. This is why bankruptcy is called a fresh start.

Business and Real Estate

Business Formation and Operation
Whether you are starting a business or dealing with changes to a business such as taking in a partner, member, or shareholder or making a growing business more formal, we can assist you.

Aside from making your business decision about whether the enterprise will be a good choice, you must decide on a form of business. The choices are a sole proprietorship, partnership, limited liability company, or professional service corporation. This decision will affect all other aspects of your business -- how your income is reported, what tax forms you fill out, how your employees are paid, what benefits and expenses may be deductible, and on and on. It cannot be emphasized enough that this is a critical decision and one that should be made only after consultation with your lawyer, tax consultant, CPA, and other advisors.Once under way, we can assist you with matters such as forms for Credit Agreements, Invoices, Employee Manuals,and Internet Policies. If operational questions arise such as how to deal with a government regulator, non-paying customer, or problem employee, help can be a phone call away.

Contracts
This general topic encompasses many forms of agreements. Given our high level of litigation experience, it is our belief that many disputes can be avoided by a well thought out and drafted agreement. At the beginning of any relationship, good will and cooperation are the normal state of affairs. That can change, and while all possible future problems are hard to envision, most can be foreseen by the parties and agreement reached on how to deal with such issues if they arise.

The following is a sample of the types of agreements the firm can assist you with:

Shareholder, Partnership, and LLC Member Agreements,

Noncompete, Trade Secret, and Nondisclosure Agreements,

Agreements for Sale and Purchase of a Business,

Credit Applications, Sale of Goods or Services Agreements,

Arbitration Agreements, and

Leases.

Real Estate 
VLO  offers our clients the full array of real estate legal services. Commercial and residential real estate often involves the biggest monetary investment that most people will make in their lives.This practice includes these areas of the law:

Negotiating, Drafting and Reviewing Real Estate Contracts,

Real Estate Closings,

Drafting Documents Affecting Real Estate,

Mortgage Foreclosures, Evictions, Quiet Title and

Reformation Actions,

Construction Liens and Construction Defects,

Tax Certificates/tax Deeds,

and Partitions.

Civil Litigation

Litigation

The areas of commercial civil litigation are almost too numerous to mention. In essence, these matters involve disputes over money or property and personal and business rights and obligations in commercial affairs. Commerce is business.

While the firm routinely works with business owners and their concerns, you do not have to be a business owner to occasionally find yourself with a commercial dispute. All of us are involved in the commerce of this country. You might be a homeowner and your mortgage company is trying to force you to pay for flood insurance when you are not in a flood plain. You could have signed a covenant not to compete with an employer and wonder whether it is enforceable. You may have been tricked into buying a car or a house with a leaking roof. You may have sold an aircraft and the buyer is saying you deceived him. You may have someone sue you alleging that your fence was built on their property.You may have a government Code Enforcement officer trying to prevent you from using your property as you are allowed to. You may have had your checking account used by another and believe your bank should not have paid the checks that were stolen and misused. As you can see, the range of commercial civil litigation is quite large. Given our experience in commercial litigation, there is virtually no matter that we are unable to handle. The same procedures apply and the cases vary only by the particular legal rights at issue and the amount or value of the rights at stake. Please refer back to Mr. Volk's Profile for a listing of other types of matters one encounters in commercial civil litigation. 

Collections
Virtually all Creditor-Debtor matters have been and can be handled.

Areas of Practice

  • Bankruptcy
  • Business and Real Estate
  • Civil Litigation
  • Collections

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