One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great sales and revenue, but suffering from terrible cash flow because payments due are not forthcoming in a timely manner.
“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
“Fantastic firm with very high quality lawyers. They don’t over bill or over work a case or matter. They’ll take the time needed to understand issues and make sure you understand the issues and what needs to be done, and they have a lot of experience in a number of areas of law including real estate, litigation, debtor creditor law, contracts. They’ve drafted various documents for me and supported a dispute (didn’t get to litigation) all with an eye toward practical resolution and no churning of their bill. Can’t say enough about them. Most of my experience is with Mark Poniatowski, but all of their lawyers are very good. They do a lot of work with individuals as well as small and some big companies. I know some of their other clients, and the feedback I received was great.”
Jeff, Avvo 5 Star Review
Bay Area Commercial Attorney’s PositionThe principals of PLP support the Creditor’s Rights Section of the Commercial Law League of America’s (CLLA) efforts to reform preference litigation, and agree with CLLA’s efforts to reform preference legislation, and CLLA’s position that preference reform is necessary to even the playing field between creditors and trustees.
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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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“The Poniatowski law firm provides outstanding legal services (I use the firm for business & personal matters). As a CPA, I’ve worked with many lawyers and firms… Mark Poniatowski has a very high standard for the professionalism in his firm. I have known Mark for over 20 years and he is respected by many members of the local community. I have been recommending his firm for over the last 10 years due to the high quality and high ethics of the law firm.”
John, Certified Public Accountant
Bitcoin is a virtual currency that has exploded in popularity over the past year. Invented in 2008 and made widely available in 2009, this software allows people to make payments directly between peers, without interference from or reliance upon any central monitoring group. Perhaps the biggest attraction of Bitcoin is its complete lack of regulation by any federal government. Transactions take place in so-called Bitcoin Exchanges, which allow buyers and sellers to communicate directly. Continue reading
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