“I have referred matters to Mark for several years because he is one of the finest real estate attorneys around. I have no hesitation in recommending him for anyone’s real estate matters, whether it be individuals or other attorneys. He’s a professional.”
2017 Testimonial from a fellow Bay Area Attorney
“Great attention to detail and swiftly answered my questions and emails.”
Anonymous, Avvo 5 Star Review
“Mark, was more than thorough in his handling of our case. He went way outside the box by reviewing other defendants that might be culpable and it worked.”
Tom, Avvo 5 Star Review
Purchasing commercial real estate in the Bay Area can be a solid investment. Whether you are considering buying property in Oakland, Pleasanton, San Leandro, or anywhere in the Bay Area you will likely find a wealth of appealing options available. However, you will need to consider certain details before signing a purchase agreement. The following are some of the steps worth taking prior to buying Bay Area commercial real estate. Continue reading
While it may be tempting to create informal agreements about business or real estate transactions with family members, in our experience the minor discomfort of formalizing agreements between family members up front pales in comparison to the damage a souring business deal can do to families who operated “on a handshake” instead of signing legally binding written contracts. Continue reading
Purchasing occupied commercial real estate provides you with an immediate source of income, but the inherited tenants can also cause headaches. Disputes with such tenants can lead to messy negotiations or even costly litigation if you fail to handle the situation properly. Prevent problems by:
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To derive the maximum possible tax-advantaged benefit from a commercial real estate exchange, and properly comply with IRS Section 1031 Exchange timing and paperwork mandates, add an experienced legal advisor to oversee and coordinate the services provided by commercial real estate agents, CPAs and title companies. Continue reading
In the recent case of Wells Fargo Bank, National Association v. Weinberg, the Court set an important precedent that applies to the amendment of judgments to add individual debtors as alter egos of the corporation:
“The doctrine of res judicata1 did not bar the amendment of a judgment to add an alter ego2 as a judgment debtor, even if the issue of alter ego could have been raised earlier, as long as alter ego liability is a separate and distinct claim from the underlying action.”
There is a common misconception among both creditors and creditors rights attorneys that once property is abandoned by the Chapter 7 Trustee in a bankruptcy, the protection of the automatic bankruptcy stay no longer applies. This would free a secured creditor with an interest in the abandoned property to enforce its rights in the property. However, the Ninth Circuit made clear in Gasprom, Inc. v. Fateh (In Re Gasprom), 500 B.R. 598 (2013), that the Trustee’s abandonment of property alone is not sufficient to terminate the full protection of the automatic bankruptcy stay under 11 U.S.C. § 362. Creditors must wait until the stay is formally terminated by the court or by the closing of the bankruptcy case. A foreclosure attorney must ensure that an automatic stay is terminated, or that the bankruptcy case is closed, before issuing guidance that the client may proceed with foreclosure. Continue reading
Congratulations go to San Francisco Bay Area business attorney Mark D. Poniatowski who has once again achieved the AV Preeminent Rating from Martindale-HubbellⓇ this year. Mr. Poniatowski has maintained the AV Preeminent Rating since first achieving it in 2004. As a result of this honor, American Registry LLC, has added Mr. Poniatowski to The Registry of Business and Professional Excellence. For more information, search The Registry at http://www.americanregistry.com
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