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JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
INITIATING A BREACH OF CONTRACT OR BREACH OF SERVICES CLAIM The first step in the litigation process is to properly assert your Breach of Contract, or Breach of Services claim. Pennsylvania is a fac- pleading state. This means that the Commonwealth of Pennsylvania, unlike sister states such as Ohio, requires that a Complaint specifically set forth in detail all of the facts which support aclaim.
THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 … STATE RENEWAL Additional information ALABAMA 10 YEARS Judgment good for 20 years if renewed ALASKA 10 YEARS ARIZONA 5 YEARS (foreign judgment 4 years) May renew within the 90 day period prior toexpiration
PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
INITIATING A BREACH OF CONTRACT OR BREACH OF SERVICES CLAIM The first step in the litigation process is to properly assert your Breach of Contract, or Breach of Services claim. Pennsylvania is a fac- pleading state. This means that the Commonwealth of Pennsylvania, unlike sister states such as Ohio, requires that a Complaint specifically set forth in detail all of the facts which support aclaim.
THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 … STATE RENEWAL Additional information ALABAMA 10 YEARS Judgment good for 20 years if renewed ALASKA 10 YEARS ARIZONA 5 YEARS (foreign judgment 4 years) May renew within the 90 day period prior toexpiration
KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
INITIATING A BREACH OF CONTRACT OR BREACH OF SERVICES CLAIM The first step in the litigation process is to properly assert your Breach of Contract, or Breach of Services claim. Pennsylvania is a fac- pleading state. This means that the Commonwealth of Pennsylvania, unlike sister states such as Ohio, requires that a Complaint specifically set forth in detail all of the facts which support aclaim.
REPLEVIN FOR SECURED PARTIES IN PENNSYLVANIA Since the Pennsylvania UCC allows a secured party to take immediate possession of the collateral, an action for replevin is appropriate even if the moving party does not have full ownership. As a prerequisite to bringing a claim for replevin, the moving party must make a demand for return of the property. Assuming the moving partyhas either 1
UNDERSTANDING CREDITORS’ COMMITTEES IN BANKRUPTCY One of the unique aspects of the corporate chapter 11 reorganization process is the potential appointment of a committee of unsecured creditors, called Creditors’ Committees. Section 1122 of the Bankruptcy Code permits the U.S. Trustee to establish an unsecured creditors’ committee to represent the overall interests of allunsecured
UNDERSTANDING PREFERENCE ACTIONS UNDER BANKRUPTCY The Preference Action: The Bankruptcy Code permits the trustee to avoid and recover from creditors payments made within the 90-day period before the bankruptcy filing. The policy behind this provision is to prevent aggressive collection activities that often force the debtor into bankruptcy. A “preference” is defined by Section 547of the
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 … STATE RENEWAL Additional information ALABAMA 10 YEARS Judgment good for 20 years if renewed ALASKA 10 YEARS ARIZONA 5 YEARS (foreign judgment 4 years) May renew within the 90 day period prior toexpiration
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an POST JUDGMENT COLLECTION The Benefits of Obtaining a Judgment: Post Judgment Collection. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good money PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? Pennsylvania law provides that a plaintiff is entitled to interest on a judgment for a specific sum of money from the date of the verdict. 42 Pa.C.S.A. § 8101, (“Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
UNDERSTANDING CREDITORS’ COMMITTEES IN BANKRUPTCY One of the unique aspects of the corporate chapter 11 reorganization process is the potential appointment of a committee of unsecured creditors, called Creditors’ Committees. Section 1122 of the Bankruptcy Code permits the U.S. Trustee to establish an unsecured creditors’ committee to represent the overall interests of allunsecured
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an INITIATING A BREACH OF CONTRACT OR BREACH OF SERVICES CLAIM The first step in the litigation process is to properly assert your Breach of Contract, or Breach of Services claim. Pennsylvania is a fac- pleading state. This means that the Commonwealth of Pennsylvania, unlike sister states such as Ohio, requires that a Complaint specifically set forth in detail all of the facts which support aclaim.
ARTER & HADDEN, LLP INVOLUNTARY BANKRUPTCY Less than three months after the closure, Bernstein-Burkley, P.C. filed an involuntary bankruptcy petition against Arter & Hadden. After some negotiation and delay, a trustee was appointed to liquidate whatever was left. The trustee hired Bernstein as special counsel to pursue claims against the departing partners and their new law firms. POST JUDGMENT COLLECTION The Benefits of Obtaining a Judgment: Post Judgment Collection. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good money PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. UNDERSTANDING CLAIM OBJECTIONS IN BANKRUPTCY If a Trustee or Debtor files an objection to claim, the objection becomes a “contested matter.”. If the objection is joined with a demand for relief of the kind specified in Bankruptcy Rule 7001 (governing adversary proceedings), it becomes an adversary proceeding. At least thirty days notice of a hearing is required on an objectionto a claim.
KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
DON’T SUBMIT TO STORAGE FEE EXTORTION 2. Immediately make a reasonable offer, in writing, to the garage to resolve the matter. Pennsylvania case law provides that if a garage declines a reasonable offer to a secured lien holder, then the garage cannot seek any storage fees if it is later found consent to KIT F. PETTIT, PARTNER, REAL ESTATE AND OIL, GAS & ENERGY Recognized in The Best Lawyers in America for work in Real Estate Law . kpettit@bernsteinlaw.com 412-456-8115 412-456-8135 fax Download vCard. Kit F. Pettit, Partner in Bernstein-Burkley’s Pittsburgh office, is responsible for the management of the firm’s Business Law unit comprised of the Commercial Real Estate, Corporate and Commercial Transactions, and Oil Gas & POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? Pennsylvania law provides that a plaintiff is entitled to interest on a judgment for a specific sum of money from the date of the verdict. 42 Pa.C.S.A. § 8101, (“Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
UNDERSTANDING CREDITORS’ COMMITTEES IN BANKRUPTCY One of the unique aspects of the corporate chapter 11 reorganization process is the potential appointment of a committee of unsecured creditors, called Creditors’ Committees. Section 1122 of the Bankruptcy Code permits the U.S. Trustee to establish an unsecured creditors’ committee to represent the overall interests of allunsecured
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an INITIATING A BREACH OF CONTRACT OR BREACH OF SERVICES CLAIM The first step in the litigation process is to properly assert your Breach of Contract, or Breach of Services claim. Pennsylvania is a fac- pleading state. This means that the Commonwealth of Pennsylvania, unlike sister states such as Ohio, requires that a Complaint specifically set forth in detail all of the facts which support aclaim.
ARTER & HADDEN, LLP INVOLUNTARY BANKRUPTCY Less than three months after the closure, Bernstein-Burkley, P.C. filed an involuntary bankruptcy petition against Arter & Hadden. After some negotiation and delay, a trustee was appointed to liquidate whatever was left. The trustee hired Bernstein as special counsel to pursue claims against the departing partners and their new law firms. POST JUDGMENT COLLECTION The Benefits of Obtaining a Judgment: Post Judgment Collection. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good money PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization. As outlined below, the Supreme Court struck down a ruling that had stated the transfer tax exemptioncould be
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSES Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RAYMOND P. WENDOLOWSKI 412-456-8119. 412-456-8135 fax. Download vCard. Raymond Wendolowski, the Partner-in-Charge of Bernstein-Burkley’s Creditors’ Rights group, is zealous and dogmatic in his approach to helping clients get their money. “I understand the frustration that comes with not being paid for work or services performed, and I will do my best to help my DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization. As outlined below, the Supreme Court struck down a ruling that had stated the transfer tax exemptioncould be
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? Pennsylvania law provides that a plaintiff is entitled to interest on a judgment for a specific sum of money from the date of the verdict. 42 Pa.C.S.A. § 8101, (“Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from theHARRY W. GREENFIELD
Maybe it’s his background as a competitive swimmer, but Harry W. Greenfield is focused on the finish line for his clients and is committed to being fully supportive until the case is resolved. hgreenfield@bernsteinlaw.com. 412-456-8143. 412-456-8135 fax. USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
POST JUDGMENT COLLECTION The Benefits of Obtaining a Judgment: Post Judgment Collection. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good money DEFENDING PREFERENCE ACTIONS: TRANSFERS FOR SUBSEQUENT NEW Defending Preference Actions: Transfers For Subsequent New Value. Another statutory defense available to creditors subject to a bankruptcy trustee’s preference action relates to transfers for subsequent new value. Bankruptcy Code Section 547 (c) (4) provides: (c) The trustee may not avoid under this section a transfer —. REDUCE PITTSBURGH PROPERTY TAX ON RESIDENTIAL PROPERTY "2" ACT 42 ENHANCED RESIDENTIAL PROPERTY TAX ABATEMENT. By Bernstein-Burkley. Part 1 of this 3-part blog, located here, discussed the Act 42 and Act 202 residential property tax abatement programs available through Allegheny County, the City of Pittsburgh and Pittsburgh School District. In addition to, or in lieu of, the abatements discussed in Part 1, new and improved residential property ARTER & HADDEN, LLP INVOLUNTARY BANKRUPTCY Less than three months after the closure, Bernstein-Burkley, P.C. filed an involuntary bankruptcy petition against Arter & Hadden. After some negotiation and delay, a trustee was appointed to liquidate whatever was left. The trustee hired Bernstein as special counsel to pursue claims against the departing partners and their new law firms. PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSESCONTRACT IDEAS FOR SMALL BUSINESSCONTRACTS FOR SMALL BUSINESS OWNERSSMALL BUSINESS CONTRACT FOR SERVICESTYPES OF CONTRACTS BUSINESS LAW Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RECLAMATION AND BANKRUPTCY Part 2: RECLAMATION AND BANKRUPTCY. Sometimes, the reclamation demand is occasioned by the customer filing a Voluntary Petition for Relief under Chapter 11 of the U.S. Bankruptcy Code. Please note that once a bankruptcy case is initiated, Section 546 (c) provides the exclusive remedy for a seller who is seeking to reclaim his goods. SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is anNICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? Pennsylvania law provides that a plaintiff is entitled to interest on a judgment for a specific sum of money from the date of the verdict. 42 Pa.C.S.A. § 8101, (“Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the PROTECTING LEASE TRANSACTIONS IN INDIAN AREAS Protecting Lease Transactions in Indian Areas. Robert S. Bernstein. Kirk B. Burkley. Bernstein-Burkley, P.C. This article appeared in the Equipment Leasing Newsletter , January 2003. There are over 500 nationally recognized Indian Tribes in the United States, and as a general rule, state civil laws do not apply to transactions arising inIndian
SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization. As outlined below, the Supreme Court struck down a ruling that had stated the transfer tax exemptioncould be
PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Oil & Gas. The firm’s Oil & Gas attorneys have the knowledge, skill and experience to advise property owners in all areas concerning oil and gas ownership. In addition to representing individual property owners, our attorneys routinely represent business clients in various types of transactions and matters involving oil and gas. Learn More.JAMES M. BERENT
James M. Berent, Associate. “The law can be complicated and confusing. I make it a point to sensibly inform and advise clients, because I know I would want my attorney to do the same for me. I always want clients to feel comfortable calling me.”. jberent@bernsteinlaw.com. 412-456-8168. 412-456-8135 fax. DownloadvCard.
FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSESCONTRACT IDEAS FOR SMALL BUSINESSCONTRACTS FOR SMALL BUSINESS OWNERSSMALL BUSINESS CONTRACT FOR SERVICESTYPES OF CONTRACTS BUSINESS LAW Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RECLAMATION AND BANKRUPTCY Part 2: RECLAMATION AND BANKRUPTCY. Sometimes, the reclamation demand is occasioned by the customer filing a Voluntary Petition for Relief under Chapter 11 of the U.S. Bankruptcy Code. Please note that once a bankruptcy case is initiated, Section 546 (c) provides the exclusive remedy for a seller who is seeking to reclaim his goods. SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is anNICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? Pennsylvania law provides that a plaintiff is entitled to interest on a judgment for a specific sum of money from the date of the verdict. 42 Pa.C.S.A. § 8101, (“Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the PROTECTING LEASE TRANSACTIONS IN INDIAN AREAS Protecting Lease Transactions in Indian Areas. Robert S. Bernstein. Kirk B. Burkley. Bernstein-Burkley, P.C. This article appeared in the Equipment Leasing Newsletter , January 2003. There are over 500 nationally recognized Indian Tribes in the United States, and as a general rule, state civil laws do not apply to transactions arising inIndian
SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization. As outlined below, the Supreme Court struck down a ruling that had stated the transfer tax exemptioncould be
COVID-19 RELIEF PACKAGE INCLUDES AMENDMENTS TO SECTION 366 By Keila Estevez Associate, Bernstein-Burkley, P.C. Keri Ebeck, Esq. Partner at Bernstein-Burkley, P.C. On December 27, 2020, President Trump signed a new $900 billion COVID-19 Relief Package. The bill provides for certain bankruptcy protections. Pursuant to Division FF, Title X-Bankruptcy Relief, section 366 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT To maintain the priority of a judgment lien a judgment creditor must revive the judgment itself within the five year period after judgment has been entered. In order to revive the judgment lien a judgment creditor must file a Praecipe for Writ of Revival. See, Pa.R.C.P. 3025. The Writ of Revival (“Writ”) is the “equivalent of acomplaint
DECLARATORY JUDGMENT ACTION MAY BE FOR YOU The Pennsylvania Declaratory Judgment Act (hereinafter “Act”) permits a party to bring a Dec action for a number of reasons. Dec actions are permitted to determine the construction or validity of a contract (often, but not always, an insurance contact), statute or ordinance. A Dec action can also be filed regarding a deed, will orlease as
PREPARING FOR LITIGATION Preparing for Litigation. When a client makes the determination to send a claim to a law firm, one of the most important steps is to be prepared for the obstacles you are likely to face throughout litigation. If you believe that you have a valid claim and intend to file suit in the future, it is important to do a number of things tobe prepared
SPECIAL PROTECTION FOR A GOOD FAITH PURCHASER 11 U.S.C. § 363 (m): Special Protection for a Good Faith Purchaser. Section 363 of the Bankruptcy Code authorizes a trustee to use, sell, or lease property of the bankruptcy estate outside of the ordinary course of business upon bankruptcy court approval. The key benefit of a sale under Section 363 is that the sale is “free and clear” and SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES Below is a list of the six most common and costly mistakes property owners make during the tax assessment appeal process. 1. Property Owner Ignores the Appeal Notice. Many property owners still ignore Property Tax Assessment appeal notices and hearing dates for assessment appeals filed by the school districts and other taxingentities. Failing
USING SUBPOENAS IN BANKRUPTCY by Arthur Zamosky, Esq.. For practitioners that handle matters governed by the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, the use of a Subpoena under those Rules is a valuable, and often overlooked, tool to gather information related toa contested case.
HARRY W. GREENFIELD
Maybe it’s his background as a competitive swimmer, but Harry W. Greenfield is focused on the finish line for his clients and is committed to being fully supportive until the case is resolved. hgreenfield@bernsteinlaw.com. 412-456-8143. 412-456-8135 fax.NICHOLAS D. KRAWEC
Nicholas D. Krawec, Partner. “I’ve been a litigator for 35 years. I take every case seriously, and I take my ethical obligations very seriously as well, both on the job, and in outside organizations to which I belong where the membership also relies on my judgment and advice.”. nkrawec@bernsteinlaw.com. 412-456-8103. 412-456-8135 fax. POST JUDGMENT COLLECTION The Benefits of Obtaining a Judgment: Post Judgment Collection. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients are conflicted as to whether they should file suit. It is often stressful to think of spending upwards of $300.00 on suit costs; some clients have compared this to “throwing good money PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Bernstein-Burkley, PC. - Pittsburgh Law Firm specializing in Business Law, Creditors Rights, Oil & Gas, Bankruptcy, & Real Estate. For YourPeace Of Mind.
JAMES M. BERENT
Focus: James is an associate in the firm’s Litigation and Real Estate practice groups, with a focus on real estate tax assessment appeals and general litigation matters. He also has experience in: Real estate tax collection Real estate tax exemption Consumer bankruptcy proceedings James has successfully handled thousands of commercial and residential tax assessment appeals in Allegheny FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSESCONTRACT IDEAS FOR SMALL BUSINESSCONTRACTS FOR SMALL BUSINESS OWNERSSMALL BUSINESS CONTRACT FOR SERVICESTYPES OF CONTRACTS BUSINESS LAW Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RECLAMATION AND BANKRUPTCY Part 2: RECLAMATION AND BANKRUPTCY. Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. I. RECLAMATION AND BANKRUPTCY. Sometimes, the reclamation demand is occasioned by the customer filing a Voluntary Petition for Relief under Chapter 11 SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 Bernstein-Burkley, P.C. The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization.NICHOLAS D. KRAWEC
Nicholas D. Krawec practices in the areas of commercial litigation, collection law & creditors’ rights. He is a certified Creditors’Rights Specialist.
PROTECTING LEASE TRANSACTIONS IN INDIAN AREAS Robert S. Bernstein Kirk B. Burkley Bernstein-Burkley, P.C. This article appeared in the Equipment Leasing Newsletter , January 2003. There are over 500 nationally recognized Indian Tribes in the United States, and as a general rule, state civil laws do not apply to POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? In a perfect world, a creditor would never have to file a lawsuit to collect on balances due and owing from debtors. In a great world, any judgment obtained as a result of a lawsuit would immediately be paid by the judgment debtor. MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT By Raymond P. Wendolowski Jr. After a judgment is entered a judgment creditor typically begins execution efforts in order to collect on the judgment, but sometimes a debtor genuinely has nothing for a judgment creditor to collect. PITTSBURGH LAW FIRM, BUSINESS LAW & CREDITORS RIGHTSABOUTCAREERSNEWSCONTACTGOVERNANCEWHY CHOOSE US Bernstein-Burkley, PC. - Pittsburgh Law Firm specializing in Business Law, Creditors Rights, Oil & Gas, Bankruptcy, & Real Estate. For YourPeace Of Mind.
JAMES M. BERENT
Focus: James is an associate in the firm’s Litigation and Real Estate practice groups, with a focus on real estate tax assessment appeals and general litigation matters. He also has experience in: Real estate tax collection Real estate tax exemption Consumer bankruptcy proceedings James has successfully handled thousands of commercial and residential tax assessment appeals in Allegheny FIVE ESSENTIAL CONTRACTS FOR SMALL BUSINESSESCONTRACT IDEAS FOR SMALL BUSINESSCONTRACTS FOR SMALL BUSINESS OWNERSSMALL BUSINESS CONTRACT FOR SERVICESTYPES OF CONTRACTS BUSINESS LAW Robert S. Bernstein Bernstein-Burkley, P.C. While the five essential contracts for small businesses discussed below could impact most businesses, for small- to medium-sized businesses, maintaining an up-to-date and well-tailored form of these contracts can be crucial. RECLAMATION AND BANKRUPTCY Part 2: RECLAMATION AND BANKRUPTCY. Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. I. RECLAMATION AND BANKRUPTCY. Sometimes, the reclamation demand is occasioned by the customer filing a Voluntary Petition for Relief under Chapter 11 SALENE MAZUR KRAEMER Communication is key to Bernstein-Burkley partner Salene Mazur Kraemer. As an avid lover of reading and the written word, the Bernstein-Burkley dynamo can digest volumes of material very quickly and enjoys performing research for her clients, to gather information and solve problems. “I love to tell the story of the dispute in my oral argument and writing,” says Salene. She is an SUPREME COURT CLARIFIES TRANSFER TAX EXEMPTION IN CH 11 Bernstein-Burkley, P.C. The recent Supreme Court decision clarifying the bankruptcy transfer tax exemption that allows debtors to avoid paying stamp taxes or similar transfer taxes on assets transferred as part of a confirmed Chapter 11 plan of reorganization.NICHOLAS D. KRAWEC
Nicholas D. Krawec practices in the areas of commercial litigation, collection law & creditors’ rights. He is a certified Creditors’Rights Specialist.
PROTECTING LEASE TRANSACTIONS IN INDIAN AREAS Robert S. Bernstein Kirk B. Burkley Bernstein-Burkley, P.C. This article appeared in the Equipment Leasing Newsletter , January 2003. There are over 500 nationally recognized Indian Tribes in the United States, and as a general rule, state civil laws do not apply to POST JUDGMENT INTEREST: ARE YOU GIVING MONEY AWAY? In a perfect world, a creditor would never have to file a lawsuit to collect on balances due and owing from debtors. In a great world, any judgment obtained as a result of a lawsuit would immediately be paid by the judgment debtor. MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT By Raymond P. Wendolowski Jr. After a judgment is entered a judgment creditor typically begins execution efforts in order to collect on the judgment, but sometimes a debtor genuinely has nothing for a judgment creditor to collect. COVID-19 RELIEF PACKAGE INCLUDES AMENDMENTS TO SECTION 366 By Keila Estevez Associate, Bernstein-Burkley, P.C. Keri Ebeck, Esq. Partner at Bernstein-Burkley, P.C. On December 27, 2020, President Trump signed a new $900 billion COVID-19 Relief Package. The bill provides for certain bankruptcy protections. Pursuant to Division FF, Title X-Bankruptcy Relief, section 366 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy SPECIAL PROTECTION FOR A GOOD FAITH PURCHASER If a buyer acted in good faith, & the sale is not stayed, Section 363(m) allows them to close without the risk of a successful appealunwinding the sale.
PREPARING FOR LITIGATION by Raymond P. Wendolowski, Jr.. When a client makes the determination to send a claim to a law firm, one of the most important steps is to be prepared for the obstacles you are likely to face throughoutlitigation.
MAINTAINING LIEN PRIORITY AFTER OBTAINING A JUDGMENT By Raymond P. Wendolowski Jr. After a judgment is entered a judgment creditor typically begins execution efforts in order to collect on the judgment, but sometimes a debtor genuinely has nothing for a judgment creditor to collect. DECLARATORY JUDGMENT ACTION MAY BE FOR YOU Are you looking to end a controversy with another party, or do you have uncertainty as to how an adverse situation will pan out? Declaratory Judgment Action SIX BIGGEST PROPERTY TAX ASSESSMENT APPEAL MISTAKES By: Bernstein-Burkley. Every year, property owners in Pennsylvania are permitted to file a real estate Property Tax Assessment appeal. A successful assessment appeal for your property can save you hundreds or thousands of dollars. POST JUDGMENT COLLECTION Robert S. Bernstein, Esq. Managing Partner, Bernstein-Burkley, P.C. Often times, when we as attorneys suggest the possibility of suit in a collection case, clients areNICHOLAS D. KRAWEC
Nicholas D. Krawec practices in the areas of commercial litigation, collection law & creditors’ rights. He is a certified Creditors’Rights Specialist.
HARRY W. GREENFIELD
“I have great vision. I can see a case, see its pluses and minuses, and see the path the file has to take to get the client the best result.” Maybe it’s his background as a competitive swimmer, but Harry W. Greenfield is focused on the finish line for his clients and is committed to being fully supportive until the case is resolved. DON’T SUBMIT TO STORAGE FEE EXTORTION While I subscribe to the belief that a secured lien holder should always know the location of its collateral, I understand that is essentially impossible to practice. TO FULLY ENJOY THIS WEBSITE, PLEASE ENABLE JAVASCRIPT IN YOUR WEBBROWSER. THANK YOU.
Call : 412 456 8100
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PRACTICE AREAS
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BANKRUPTCY & RESTRUCTURING The bankruptcy and restructuring attorneys have extensive experience representing both secured and unsecured creditors in all bankruptcymatters.
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CREDITORS’ RIGHTS
The Bernstein-Burkley, P.C. creditors’ rights practice area represent clients in various types of creditors’ issues including foreclosure and collections.Learn More
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OIL & GAS
Our Oil & Gas attorneys represent landowners that may be considering leasing their oil and gas rights, as well as businesses working in the natural gas industry.Learn More
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BUSINESS & CORPORATE TRANSACTIONS We represents parties in areas of business and finance, lawsuits and appeals in state and federal courts on a variety of issues.Learn More
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REAL ESTATE
Our Real Estate attorneys represent homeowners and businesses that choose to appeal the court-ordered reassessment.Learn More
FROM THE BLOG
* August 15, 2019
FOUR BERNSTEIN-BURKLEY PARTNERS RECOGNIZED BY “BEST LAWYERS®”read more
* August 12, 2019
Drugmakers May Turn to Bankruptcy to Lessen Opioid Liabilityread more
BERNSTEIN-BURKLEY, PITTSBURGH LAW FIRM OUR CORE PURPOSE IS TO CREATE PARTNERSHIPS THAT PROVIDE CLIENTS WITH PEACE OF MIND THROUGH EXPERT SERVICE AND ZEALOUS REPRESENTATION. When Joe Bernstein started his law practice more than 40 years ago, he knew what clients needed: the best possible advice. An established businessman before entering the legal profession and a hand-picked member of President Lyndon Johnson’s task force on minority small businesses, Joe Bernstein and his son Bob made it their priority to balance a client’s business interests with their legal needs. When Kirk Burkley joined the firm, he shared the vision that Bob and Joe had for their Pittsburgh Law Firm. That tradition of tending to business AND legal opportunities is at the heart of Bernstein-Burkley.Home – Pittsburgh Law Firm was last modified: April 20th, 2018 by
Marissa Luznar
PHONE: 412.456.8100
EMAIL: info@bernsteinlaw.comPITTSBURGH
707 Grant Street
Suite 2200 Gulf Tower Pittsburgh, PA 15219WHEELING, WV
PHILADELPHIA, PA
ERIE, PA
STUART, FL
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