PRACTICES

Business Law

Small Businesses The laws that manage and regulate small business and companies are immense and numerous. These laws and regulations are also difficult to interpret because they are written in legalese rather than plain english. Kan Clark LLP can help you get on the right track with your business or company by interpreting the law and counseling you to help your business achieve success. Contact us today for a free initial consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

BUSINESS LITIGATION

Businesses — large or small – when dealing with difficult litigation issues need to have attorneys who are not only effective and cost-efficient but most importantly trusted and experienced. At Kan Clark LLP, our attorneys understand the difficulties that our business clients face, and that is why we take a collaborative approach by partnering with our business clients to deliver quality, cost-efficient, and personally-tailored representation by truly understanding our client’s goals and also offering flexible fee arrangements.

Our Atlanta business litigation attorneys have a strong record of success representing business clients in complex and high-dollar cases. Our business litigation attorneys have a track-record of success both in and out of the courtroom. If you or your business is faced with a difficult legal matter, count on our knowledgeable and experienced business litigation attorneys to help you achieve your goals.

Whether it is a dispute regarding an employment contract, a vendor contract, corporate governance, fraud or the dissolution of your business, Kan & Clark has the experience necessary to efficiently handle any business litigation matter. Specifically, our business litigation practice includes:

  • Contract disputes — Regardless of the complexity of the contract, we have experience both defending and prosecuting difficult contract disputes.
  • Buy-sell agreements — If a prospective buyer or seller refuses to honor the sale or purchase of a company, or misrepresents a material term in the purchase or sell of the company, count on our experienced business lawyers to protect your company or assets.
  • Employment contracts
  • Non-competition agreements
  • Non-solicitation agreements
  • Fraud — If you believe that your business has been defrauded or that your assets have been misappropriated, our experienced business lawyers can help you recover these assets
  • Corporate governance
  • Business dissolution — If you or your business partner(s) are unable to effectively manage the business, sometimes the only choice is to dissolve the company. In such cases, many complex issues such as unpaid liabilities, contingent liabilities, return of capital contributions and loans to the company usually arise. You need an experienced business litigation attorney to ensure you fully understand the ramifications of the dissolution and to protect your rights.
  • Partnership or Shareholder disputes –If you have been wronged by a business partner, joint venturer, trustee, administrator, advisor or other party, then we may be able to help.

In many cases, we can work on a contingency basis eliminating the burden of high hourly rates and monthly bills. In addition to assisting our business clients with disputes, we also offer a full range of services pertinent to running a business successfully. Click here for information about more of our services for business. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

PERSONAL INJURY

When you or a loved one have been injured because of someone’s negligent or intentional conduct, the last thing you want to do is have to fight with the person who injured you or their insurance company to get compensated for your injuries. Whether it involves dealing with an insurance company for a truck or automobile accident or dealing directly with the person who injured you, Kan & Clark is here to help. We fight hard to ensure that our personal injury clients get the compensation they deserve. Whether your personal injury case is simple or complex, we have the tools to ensure that you are compensated fully for your loss.When you or a loved one has been injured by someone’s negligent or intentional conduct, you should contact an attorney as soon as possible. Personal injury cases can come from a variety of sources and commonly include slip and fall, medical malpractice, automobile or truck accidents, assaults and battery and product liability. Some people flinch at the idea of having to file a personal injury lawsuit, but the personal injury laws in Georgia, also known as tort law, are designed so that people who are injured by the conduct of another are compensated for their loss.

When you or a loved one have been injured because of someone’s negligent or intentional conduct, the last thing you want to do is have to fight with the person who injured you or their insurance company to get compensated for your injuries. Whether it involves dealing with an insurance company for a truck or automobile accident or dealing directly with the person who injured you, Kan & Clark is here to help. We fight hard to ensure that our personal injury clients get the compensation they deserve. Whether your personal injury case is simple or complex, we have the tools to ensure that you are compensated fully for your loss.When you or a loved one has been injured by someone’s negligent or intentional conduct, you should contact an attorney as soon as possible. Personal injury cases can come from a variety of sources and commonly include slip and fall, medical malpractice, automobile or truck accidents, assaults and battery and product liability. Some people flinch at the idea of having to file a personal injury lawsuit, but the personal injury laws in Georgia, also known as tort law, are designed so that people who are injured by the conduct of another are compensated for their loss.

Georgia personal injury laws generally require that a successful personal injury case have the following elements: a duty, a breach of that duty, causation and loss. Contrary to some people’s beliefs, there is nothing innately litigious about these laws. If you have been hurt, you likely have medical bills that need to be paid and lost wages due to the time you had to be away from work, and you should be compensated for these expenses. In some cases, your loss may be even more serious. You may have lost a loved one due to the conduct of another. However great your loss, the attorneys at Kan Clark are here to help guide you through this difficult and challenging time. Contact us today for a free consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

Bankruptcy

Chapter 7 Bankruptcy The three most commonly filed bankruptcies are chapter 7, chapter 13 and chapter 11. The most powerful rule in bankruptcy is the Automatic Stay which goes into effect immediately upon filing a case with the court. The Automatic Stay prohibits creditor harassment, wage garnishment, law suits, foreclosures and repossessions upon filing. However, exceptions to the Stay exist for certain repeat filers.Ch. 7 Bankruptcy Common Questions A Chapter 7 bankruptcy provides for liquidation of assets to be distributed to creditors. The court appointed representative of the estate, otherwise known as the Trustee is designated to each Chapter 7 case upon filing the petition with the court. The Trustee liquidates the Debtor(s) non-exempt property to cash and distributes the proceeds to creditors according to the Code’s rules. In many cases, the Chapter 7 case will be a “No Asset” case and creditors will not receive anything after the debtor(s) exemptions. Pending no objections to dischargeability from creditors, the debtor(s) is discharged from liability for most unsecured debts. Certain debts are non-dischargeable such as:

  • Debts for most taxes
  • Debts incurred to pay nondischargeable taxes
  • Student loan debt
  • Domestic support obligations
  • Debts for most fines, penalties, forfeitures or criminal obligations
  • Debts for personal injuries or death caused by the debtor’s operation of a motor vehicle while intoxicated
  • Debts which are not properly listed by the debtor
  • Debts for which the debtor has given up the discharge protection by signing a reaffirmation agreement in compliance with the Bankruptcy Code
  • Debts owed to certain retirement plans
  • Debts that the bankruptcy court has ruled in this case are not discharged

A Chapter 7 “No Asset” bankruptcy generally takes about 90 days to complete. Once the case is filed, the court will generate a 341 Meeting of Creditors date to take place approximately 30 days from the file date. This is a mandatory meeting that is overseen by the Trustee. The creditors also have the opportunity to appear and inquire about debt incurred. The debtor(s) must then take the Financial Management Course or post-bankruptcy class within 45 days of the 341 meeting. The course is required for discharge and if not timely filed, the case will be closed without a discharge. If the Trustee determines the case to be a “No Asset” case, a Report of No Distribution will be filed. Once the deadline for objection to dischargeability has expired, the court will issue an Order of discharge and final decree. The case is then closed. If you are facing a situation where you think bankruptcy is an option, contact us immediately for a free initial consultation. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

WILLS & ESTATES

At Kan Clark LLP our attorneys understand your desire to protect your loved ones in the event of your death or incapacitation. Many people think of wills and estate planning as something only wealthy people worry about, but even those without many assets need to protect their loved ones in the event something unfortunate were to happen to them. Having a will can provide peace of mind and predictability in the event of your death. In addition to distributing any assets you may have, wills can be designed to appoint a guardian for your minor children in the event of your death, create a trust or appoint an executor to take care of your remaining business. Without a will, your assets and your children will be at the mercy of a court over which you will have no say. Particularly for non-traditional families, a will can provide you the opportunity to protect your loved ones ahead of time, rather than being at the mercy of a court later.

A power of attorney or a living will can also provide some predictability if you were to become incapacitated. While you are of sound mind, you can appoint someone you trust to make the tough decisions for you when you are no longer able to make those decisions for yourself. A power of attorney can be as broad or limited as you want it to be. There are specific medical powers of attorney that appoint someone to act on your behalf during a medical crisis.

Unfortunately, death is a fact of life and no one can predict when it will occur. Wills and estate planning is the best way to protect your loved ones once you are gone. Contact us today for a free initial consultation to discuss your needs. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

Family Law

Uncontested With Minor Children An uncontested divorce in Georgia is a divorce in which the parties have resolved all issues of the marriage. This can be done through a settlement agreement that lays out the resolution of all issues of the marriage. When there are minor children involved, it is often more difficult for the parties to come to an agreement because there are simply more issues involved. Custody of the children, visitation and child support are issues in every divorce involving children.An uncontested divorce with minor children in Georgia requires the parties to work out a settlement agreement resolving all issues of the marriage, submit a Child Support Worksheet showing that there is no contest over the amount of child support to be paid and the parties must submit a Georgia Parenting Plan agreeing to issues of visitation and custody. Issues regarding minor children are often hotly contested. However, obtaining an uncontested divorce with minor children is possible and often works out better for all parties involved. An uncontested divorce is less of a drain on the family’s financial resources and takes less time than a contested divorce. Also, if parents can agree on the issues regarding their children, there will likely be less hostility between the parents and the interests of the children are better served.

If you are going through or anticipate a divorce with minor children at stake, contact one of our experienced divorce attorneys at Kan Clark LLP to get started. We serve the Atlanta area as well as the surrounding metro counties, including Cobb, Dekalb, Gwinnett, and Fulton.

Uncontested Divorce Without Minor Children An uncontested divorce in Georgia is a divorce in which there are no remaining issues to be decided by a court. This means that the parties have reached a settlement agreement resolving all of the issues of their marriage. Issues of a marriage without minor children can include things like joint marital property, joint marital debt and alimony. An uncontested divorce is a desirable option to many because it is less costly, less time consuming and allows the parties to more easily move on with their lives. If done properly, it is possible to finalize an uncontested divorce as soon as thirty-one days after service of the complaint. Contact one of our divorce lawyers at Kan Clark LLP to get started.

Contested Divorce A contested divorce is one in which the parties cannot come to an agreement resolving all of the issues of their marriage. If there is any issue upon which the parties cannot agree, the divorce is considered contested. Contested, in this sense, does not mean that one party does not want a divorce—under Georgia divorce law, it is of no consequence whether a party in a divorce action wants a divorce. Contested simply means there is a dispute over how the issues of the marriage should be resolved. If you are facing or anticipate a divorce, contact us at Kan Clark LLP. We will fight hard to protect your interests.