01/03/2011 By Ellen L. Baker If you have not prepared an estate plan or have not recently updated your plan, ask yourself the following questions: – Do you want to determine who will inherit your assets and how, outright or in trust? – Do you want to take steps to reduce estate tax? – Do you want to avoid probate and reduce the cost of administering your estate? – Do you what to protect your assets if you need nursing home care? – Do you want to insure that someone can make health care decisions if you cannot? – Do …

06/09/2011 By Richard R. DuVall While it is not unusual to have improvements, plantings, or the like encroaching from one parcel of property onto a neighboring parcel, the vast majority of those encroachments are small, sometimes temporary, and are frequently overlooked or simply disregarded in the spirit of neighborliness.  On many occasions neighbors are generally unaware of the exact location of the boundary, and for the most part, that is all well and good. Issues do arise, and then the first goal is to try to understand the facts.  Many times the facts are not in dispute, and it is …

By Richard R. DuVall 01/06/2011 Please join Richard R. Duvall at the NBI Seminar “LLC or INC. Entity Selection for a Small to Medium Sized Business”.  The seminar will be held on February 8, 2011 from 9:00 am to 4:30 pm at the Hilton Garden Inn, 15 Crossroad Court, Newburgh, New York.  If you would like more information on this seminar or to register, click on the NBI link  www.nbi-sems.com

06/02/2011 By Karen Folster Lesperance With unemployment at near record high rates, there has been a marked increase in the number of recently terminated employees who are at least contemplating lawsuits and/or human rights complaints against their former employers. Employers, already faced with difficult economic times and having to make tough decisions to keep afloat, also must be concerned with the potential liability they may face as a result of their personnel decisions.  While no one can prevent a disgruntled former employee from bringing a complaint or an action, there are certain steps that employers can take to reduce the risk and …

06/01/2011 By Richard R. DuVall This paper will discuss the considerations that a business owner, partner, manager or other person who has been in a business relationship in an entity or otherwise, receives news that a highly trusted employee, partner, shareholder, or similar team member has either given notice of an intention to “leave the fold”, or has simply left.  For purposes of this discussion, the parties left behind will be the “Remaining Members”, and the party leaving will be the “Former Member”. The Remaining Members will first be well advised to consult counsel with any controlling agreements that may have been …

By J. Joseph McGowan, Esq. 04/29/2010  No one likes receiving tax bills — least of all those in excess of your fair share. If you own property in upstate New York, you receive at least two tax bills every year. Early in the year, you get a combined State, County, Town or City tax bill, then in the fall a school tax bill. Property owners in some incorporated villages receive a third tax bill. If you believe that your property tax bill is unfair, a process commonly known as “grieving” is available to you. This simply means the lodging of …

04/28/2010 By Phillip Shatz, Esq. The fire itself may not be your only problem. Beware of anyone who Promises you Something for Nothing Imagine the chaos when your smoke detector goes off and you leave your home amidst the sound of the sirens as fire engines arrive. If you suffer a fire loss to your home or business, you can be sure that within minutes of your learning of the disaster you will be besieged by “public adjusters” who will try to get you to sign up for their services when you are most confused. If approached by these people, …

05/27/2011 By Lance Portman The mail arrives and instead of a check in payment of your well aged receivable, it is a bankruptcy notice concerning someone who owes you money.   While the temptation may be to toss it in the wastebasket, don’t, as this notice contains important information and often will be the only information you ever receive from the bankruptcy court. This notice will set forth the Court where the bankruptcy was filed, case number, the date of the filing, the type of bankruptcy (e.g. Chapter 7, 11 or 13), the name and contact information for the debtor and …

11/30/2010 By Lance Portman You just found out that one of your customers has filed for bankruptcy. If you obtained this knowledge from receipt of a notice from the bankruptcy court, that initial notice will contain a wealth of information, such as date of filing, location of the court, type of  bankruptcy (e.g., Chapter 11 or Chapter 7, etc.).  If you  received such a notice, this means that your customer has scheduled you as a creditor in their bankruptcy. The date of the bankruptcy filing is very important as it creates a demarcation between the pre-petition period (what occurred prior to the bankruptcy …

04/28/2010 By Lance N. Portman Gift cards issued by stores, spas or restaurants are extremely convenient and popular. As evidenced by the billions of dollars Americans spend on them each year, gift cards to stores, spas or restaurants are extremely convenient and popular.  However, if the retailer goes bankrupt, the gift card may be of limited or no value. If the retailer filed for Chapter 7 bankruptcy, the doors are shut and the assets of the business are liquidated by a trustee who (hopefully) makes payments to creditors. As the holder of the gift card, you are a creditor.  You should file with the Bankruptcy …