Law Firm Practice Areas
AT NATE BERNSTEIN & ASSOCIATES NB&A
we develop solutions for complex legal problems.
REAL ESTATE TRANSACTIONS, COMPLEX LITIGATION, AND LANDLORD-TENANT PRACTICE
The field of real estate law is broad and complex, and we specialize in the
areas of litigation between purchasers and sellers of residential and commercial
property and between landlords and tenants. We focus on transactional and
investment fraud and breach of contract, specific performance, real estate
finance law, quiet title, broker liability, breach of implied warranty of
habitability cases, toxic mold litigation, and eviction practice. Our eviction
practice for landlords and tenants is full service. Our real estate practice has
grown extensively over the past six years.
BANKRUPTCY AND CORPORATE INSOLVENCY
BANKRUPTCY AND CORPORATE INSOLVENCY
We live our lives in a tough world economy with real property foreclosures on the rise, a volatile bear stock market, a federal government that has attempted to bail out certain industries, while leaving other industries to fend for themselves. In this uncertain environment, businesses will attempt to reorganize, and others will be forced into liquidation. Bankruptcy practice combines a
unique blend of federal law, state
law, and local rule practice. This area is highly specialized. Since October 17,
2005, bankruptcy practice has transformed to a more stringent, pro-creditor
environment since Congress enacted a "means testing" approach
to consumer Chapter 7 cases, and other so-called "reforms." We have
represented individual debtors and small businesses with serious debt
issues for more than sixteen years. Debtors have utilized our
professional services to discharge debts in Chapter 7, protect homes,
protect business assets and property in Chapter 13, and reorganize businesses
in Chapter 11. On the creditor side, we litigate motions for relief from
the automatic stay, negotiate stipulations affecting cash collateral,
file proof of claims, and conduct 2004 examinations of individual
debtors and corporate officers and insiders. Our bankruptcy litigation
practice is extensive. We litigate preference actions, fraudulent
transfer actions, objections to the dischargeability of debts, claim
objections, objections to exemptions, and actions related to
bankruptcy. We have achieved successful outcomes and results in bankruptcy court
ordered mediation.
BUSINESS AND COMMERCIAL LITIGATION
We practice in the area of commercial and consumer debt collection, fraud litigation, breach of contract litigation, debt collection defense, employment litigation, and unfair business practices litigation. Our approach is to try to keep the client out of court, practice preventive law, and to minimize costs. We represent both plaintiffs, defendants, individuals, small and medium size firms. We pride ourselves in litigating fraud claims for victims of business, investment, or transactional fraud. The firm represents individuals and businesses, where insurance companies decline coverage or tender a defense., or there is a need for Cumis counsel. In our commercial creditor collection practice, we prosecute lawsuits, complete judgment debtor exams, obtain prejudgment writs of attachments, judgment liens on personal and real property, levies, and motions affecting lien sales.
ALTERNATIVE DISPUTE RESOLUTION
Mediation is a process by which all sides to a legal dispute can in good faith
have the dispute simplified and settled by working with a neutral mediator chosen by the parties .We
have successfully mediated advantageous settlements in hundreds of cases,
representing both plaintiffs and defendants. One of the advantages to
mediation is that a mediator is selected from a Court panel for free at no
initial cost to the parties. If a case is settled through mediation, the client can
control the result, and may fully resolve the case. When a case is settled, both
sides receive benefits, and assume certain burdens.
Arbitration is the process
by which parties litigate their claims before an arbitrator, who is usually an
experienced attorney who acts as a trier of fact. Arbitration can be set up by
contractual right or as required by statute for certain types of cases. The
disadvantage of arbitration, is that all parties must pay the arbitrator,
usually by the hour. This may be quite expensive. In arbitration, the rules of
evidence are applied with some flexibility. We represent plaintiffs, defendants,
and cross-complaining parties in arbitration.
GENERAL PRACTICE AND AN
ACTIVE REFERRAL NETWORK
Clients can feel comfortable discussing any type of legal problems with our
attorneys, even if we do not specialize
in that area of law. If we handle that particular type of case, and decide to
represent the client, we can "open a file," sign a retainer agreement,
and commence representation. If we do not handle the particular type of case, we
can refer the person to an
attorney or several attorneys who specialize in the area of law, or to a local
bar association referral service that
has a referral panel, or to a legal insurance plan. Persons who contact our
office and obtain a free consultation are
never left out in the cold, and receive quality guidance.
