Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

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(If you were directed from completing a form, Thank you.  Tom Will be in touch soon, but here’s a whole page to help you in finding your next attorneys in Peoria Illinois )

Attorneys in Peoria Illinois come in all different shapes and sizes – listen to Tom Howard, an attoreny in Peoria Illinois himself explain what you need to watch out for when you hire your next attorney.

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Attorneys in Peoria Illinois

What Peoria Attorney do you need?

The attorney you need depends on what goals you have. 

All you need to do is scroll through to find the right lawyer for your case.

Family Lawyers in Peoria Illinois

Many families require a lawyer at some point in their lives.  For example, a divorce, adoption, many things can happen to you that requires a lawyer to help you out.

Here’s the most common types of legal services that family attorneys in Peoria Illinois provide:

  1. divorce
  2. child custody
  3. adoption
  4. protective orders (OP), or called restraining orders
  5. alimony

I work with several family lawyers in my law practice at Peoria Illinois.  The person that I trust most with family law issues is a partner at the law firm that I work with.

You can contact lawyer, Mike Fritz, from his website for family lawyers in Peoria Illinois.

Criminal lawyers in Peoria Illinois

Not all criminal lawyers in Peoria Illinois can be hired.  Some are employees of the State of Illinois and work in the State’s Attorney’s office prosecuting criminals.

Criminal lawyers that you hire always for work the defense. Criminal defense attorneys have to fight hard to be able to help the accused have their day in court and get justice.

If you are arrested, you may need to hire a criminal defense attorney. Attorneys in Peoria Illinois help people with the following services:

  • Driving while intoxicated (DWI)
  • Felonies
  • Federal crimes
  • drug crimes (possession or distribution)
  • assault & battery
  • Burglary
  • Certain Traffic offenses
  • weapon offenses
  • domestic violence

In Peoria, Illinois, the criminal defense attorney that I turn to and trust the most is Jeff Hall.  You can contact a great criminal lawyer in peoria Illinois from his website today.

Personal Injury Lawyers in Peoria Illinois

When you’re hurt in a car accident, or injured from something that is not your fault – the law calls it a tort.  The person responsible for hurting you is called a tortfeasor – they often get sued.  But because of insurance laws – the deep pockets in most personal injury cases – many times the insurance company gets sued to honor polices in place to protect against such things

Personal injury lawyers in Peoria Illinois help innocent people get compensation for their pain and suffering.  Often these cases are taken on a contingency, which is not common in most attorney client relationships because most lawyers charge by the hour.  The possibility of a large recover, however, means that personal injury attorneys in peoria illinois are willing to work on a contingency basis and typically take one-third of the total recovery.

Here are the types of personal injury cases that attorneys in Peoria, Illinois, often take:

  1. car accidents
  2. DUI accidents
  3.  motorcycle accidents
  4. slip and fall injuries
  5. boating accidents
  6. distracted driving accidnts
  7. wrongful death
  8. brain injuries
  9. medical malpractice claims

The first lawyer that I would turn to for a personal injury legal question in Peoria, Illinois, is Fadi Rustom.

Workers’ Comp Lawyers in Peoria Illinois

When you’re injured at work in Illinois, the business is required to have insurance policies to protect its employees and provide them compensation – perhaps even for life – as a result of injuries that happen during the course of employment.

Many law offices in Peoria Illinois exclusively specialize in workers’ compensation cases because there is an entire statute in Illinois dedicated to processing the cases.  Workers’ comp even has its own courts so please hire someone that concentrates in workers’ comp if you are injured on the job.

Typical workers’ comp cases include specific injuries found in the Worker’s Compensation Act of Illinois, including:

  1. accidental death,
  2. loss of a limb
  3. carpal tunnel syndrome
  4. hearing loss from explosions
  5. disability arising from injury

For a worker’s compensation lawyer in Peoria, Illinois – I turn to the Law Offices of Pat Jennetten.

Immigration lawyers in Peoria Illinois

Immigration lawyers help people of the world navigate the complex legal system administered by the United States Citizenship and Immigration Services (USCIS). The process at its core can be quite political and very confusing.

Finding a good immigration lawyer is difficult but groups like the America immigration lawyers Association (AILA) helps its members better serve their clients with tons of resources.

Some of the various legal issues that immigration lawyers in Peoria Illinois navigate are:

  1. adjustment of legal status (i-485) common for family law issues.
  2. H-1B work visas (form i-129).
  3. L-1 work visas (also from i-129).
  4. Permanent residence status – aka  Green Cards – or the PERM process
  5. variety of issues related to Trump Administration

For an immigration lawyer in Peoria, you can contact me, Tom Howard, through my immigration website..

Business lawyers in Peoria Illinois

ANY business lawyer should know that lawyers are an expense and not a profit center. Good business attorneys in Peoria Illinois will help you weigh the costs against the benefits of the legal service you need.

Business may have a general counsel to help guide the company, but that is usually a corporate law position helping with operation issues.  But business law can encompass the following areas:

  • employment legal issues: this can be any company policy, from maternity leave to an employee handbook. Employment law is an a practice area unto itself and discussed more below.
  • contract issues: All businesses are contracts.  Contracts form business. Contracts are how businesses survive, or die in the case of bankruptcy. Contracts can be as simple as paying a dollar for a can of soda – to as complicated as having numerous ambiguous definitions of option contingent on certain things that may never happen.
  • regulatory issues facing businesses:  Some businesses face little regulatory hurdles from the government, like the herbal supplement industry – while others may have lots of environmental regulations to comply with like mining and certain industries.

As you can see, business law has many different subparts.  In Peoria Illinois, if I need a business lawyer, well, I often ask myself what I would do.

 

Thomas Howard

Thomas Howard

Litigation Attorney

A Rising Star and Emerging Lawyer, which only 2% of all attorneys receive. Practicing in contract litigation with a concentration on business issues.

peoria contract lawyer

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime. R. Martindale

Questions?

Each day, I answer one free question regarding legal issues.

Ask yours today.

Working with Tom Howard was great. He helped us navigate a real estate contract, and was incredibly knowledgeable and helpful! N. Pierson

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Real Estate Lawyers in Peoria Illinois

A home is often the largest investments people make in their lives. They quickly pay 6% of the gross price to a realtor, but totally ignore a lawyer.

A lawyer works by the hour and has a fiduciary obligation to help you acheive your legal rights – while the realtor also has a duty but only gets paid a success fee – or commission.

Real estate lawyers help people with their real estate deals to protect them from buying a problem, or to enforce the contact against a buyer that gets cold-feet without just cause.

Real estate attorneys in Peoria Illinois also help people with land use and zoning problems. Not only do fences make good neighbors, but knowing if that fence is on the right property line helps a lot as well.

We turn to the attorneys at Hall, Rustom and Fritz, where I am Of Counsel and help people and businesses with their real estate legal issues in Peoria, Illinois.

Litigation attorneys in Peoria Illinois

If you’re no stranger to litigation, then you have come across lawyers that litigate.  Often times litigators are known for their complete lack of agreeableness and generally adversarial character.

Some common phrases used each and every day include:

  • let the record reflect,
  • isn’t it true that…
  • objection
  • if you could please direct your attention to…
  • Do you recall…
  • I’m not using this for the truth of the matter asserted, just for their present mental impression
  • Motivation is always at issue

Litigators, while able to be jerks, help people fight for their rights in court – perhaps that explains their gruff and confrontational personality types. They should be avoided for business deals, but used to take seemingly simple issues more complicated and bloated that you can believe.

If you are being sued, or have a case, please consider our blog post about what type of lawyer you need to hire.

Contract attorneys in Peoria Illinois

Contracts are everywhere.  All business have contract.  Trillions of dollars in commerce is being done by contracts.

Most people NEVER read their contracts – they find them too complex and confusing.  Unfortunately, not reading the contract is no defense.

Contracts are formed when only 3 things come together:

  1. Offer
  2. consideration
  3. acceptance

An offer is something that is for sale.  You can buy that pizza for $9.99.  That’s the offer, pizza.

The consideration is the amount of money you pay – the $9.99.  But here’s a pro-tip: anything can be a consideration.  Today, the vast majority of contracts have a monetary consideration.

People do not trade and barter like they used to do hundreds of years ago.  Now they basically always use money.

Finally, acceptance is taking the offer and tendering the consideration.  You take the pizza and leave the $9.99.

These three seemingly simple things form every single contract that has ever been written.

They can get much more complex than that.  If you have a Contract law issue – well, we can help.

 

If you have questions for a business lawyer, contact our office today for help resolving it with our complex commercial loan workout attorneys.

Call Our Peoria Lawyers

Call our experienced attorneys in Peoria with your legal issues today.

They’ve handled hundreds of real estate matters both in and out of courts in Illinois.

REACH US BY EMAIL

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Commercial Mortgages

Commercial Mortgages

Commercial Mortgages & Foreclosure

commercial mortgage foreclosure

commercial mortgage foreclosure

  • Commercial Mortgage Foreclosure

The main collateral for many people and businesses is the real estate it owns.

A commercial mortgage is a grant of a security interest on a parcel of the business’ real estate.

Commercial mortgages allow for greater rights for the bank as compared to residential mortgages, which have greater consumer protections at both state and federal levels.

Drafting best practices for your commercial mortgages are discussed in the video below: be advised – the terms must be in the mortgage BEFORE the foreclosure begins to maximize recovery and control costs.

“A conspicuous Cross-Collateralization clause is only one part of it.”.

A buy sell agreement claims your rights when it comes to difficult situations. Your partner can fall ill or become unable to operate the business the right way. In that case, a buy sell agreement lowers your financial risks of bankrupt or debt. You can protect yourself by signing an agreement that will keep your business intact.

Comparing a buy sell agreement with a prenuptial agreement is the most accurate comparison. In a prenuptial agreement, you can get out of the marriage under certain conditions. At the same time, you can protect your financial operations. A buy sell agreement offers the same rights, just with one small difference. In a buy sell agreement, you can cover all the financial transactions between the business partners. This makes a buy sell agreement more reliable and more effective in terms of financial stability.

Picture of Collateral with foreclosure risk

Here’s the bullet point take aways from the video above.

  • waiver of the right of redemption – very often lenders that do not get deep in the weeds of commercial lending for get this – looking at you credit unions –  While redemption cannot be waived by consumer mortgages (residential mortgages) commercial mortgages – but if it is just business – you get what you negotiate.
  • cross-collateralization languages why – to stave off a 2nd mortgage coming in and having its hand out when other debts secure your mortgage for more on this on our case law update series – PNB v. Banterra Bank. But we stress the 2 points any good cross-collateralization clause requires.  
    • conspicuous cross-collateral clause on the first page of the document that refers to all debt then or thereafter arising, related or unrelated to the mortgage debt;
    • Define indebtedness to include the note amount and all amounts that may be indirectly secured by the cross-collateralization provision.
  • Define maximum indebtedness of the mortgage to be twice the mortgage debt to add more strength to cross-collateralization clause.
  • Acceleration and deceleration clauses.  Our Section council was discussing this last meeting and some were of the opinion that if the bank permits the borrower to reinstate – bring the loan entirely current – it can do so, but there should be some modification that provides for such – in addition to any judicial finding that permits the reinstatement as a borrower only gets one – for 5 years from the date of the dismissal.
  • Link to the quoted material regarding recession risk related to rise in credit spread of investment grad bonds from Bloomberg.
Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

(If you were directed from completing a form, Thank you.  Tom Will be in touch soon, but here's a whole page to help you in finding your next attorneys in Peoria Illinois )  Attorneys in Peoria Illinois come in all different shapes and sizes - listen to Tom...

Commercial Mortgages

Commercial Mortgages

Commercial Mortgage Foreclosure The main collateral for many people and businesses is the real estate it owns. A commercial mortgage is a grant of a security interest on a parcel of the business' real estate. Commercial mortgages allow for greater rights for the bank...

Thomas Howard

Thomas Howard

Real Estate Lawyer

Whether this is your first land use issue or most recent, our office has helped people and businesses alike.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime. R. Martindale

Illinois Hemp Lawyer

Illinois Hemp Lawyer

  Our Illinois Hemp Lawyers have written extensively on the first new agricultural commodity of the 21st century - hemp - over on our sister website focusing on our cannabis law practice - www.CannabisIndustryLawyer.com. Illinois Hemp Farmers & Processors...

Need A Workout Lawyer

Thomas Howard has completed dozens of loan workouts and helped financial institutions recover the collateral base.  Call (309) 699-4691.

REACH US BY EMAIL

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Pricing LLC Membership Interest

Pricing LLC Membership Interest

Pricing LLC Membership Interest

Pricing LLC Membership Interest

Pricing LLC Membership Interest

LLC Membership Interests

Suppose a borrower claims to have a successful limited liability company, LLC.  He claims that his membership interest in this LLC is valuable collateral that he wants to pledge to obtain another commercial loan.

How should the commercial lender approach valuation of the LLC’s membership interest in determining how much to lend against it?  The answer is not as straight forward as many believe because lots of restrictions against the assignment of LLC membership interests exist not only in statute, but also in the LLC’s governing contracts.

“A distributional interest is different than a membership interest in an LLC. ”

Picture of Collateral with low risk

Photograph by Lorem Ipsum via Stencil

Here’s the bullet point take aways from the video above. video above.

  • A membership interest does not mean the member owns any property of the LLC.
  • Often restrictions against the transfer of the membership interest can be found in the Operating Agreement for the LLC, or even in a state statute.
  • The distributional interest is only the right to receive distributions of profit and not engage in the management of the LLC.
  • Cap Rates are often used to value commercial real estate LLCs, but that does not mean it is so easy to value the membership interest collateral – the value is typically just the distributional interest.
  • A member’s K-1 will provide what the value of the distributional interest is.
  • Don’t just rely on the pie-in-the-sky projections of any LLC’s cash flows, confirm them before performing the calculations to arrive at a reasonable valuation for the percentage of the membership interest collateral the putative borrower wishes to pledge.
Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

(If you were directed from completing a form, Thank you.  Tom Will be in touch soon, but here's a whole page to help you in finding your next attorneys in Peoria Illinois )  Attorneys in Peoria Illinois come in all different shapes and sizes - listen to Tom...

Commercial Mortgages

Commercial Mortgages

Commercial Mortgage Foreclosure The main collateral for many people and businesses is the real estate it owns. A commercial mortgage is a grant of a security interest on a parcel of the business' real estate. Commercial mortgages allow for greater rights for the bank...

Thomas Howard

Thomas Howard

Real Estate Lawyer

Whether this is your first land use issue or most recent, our office has helped people and businesses alike.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime. R. Martindale

Illinois Hemp Lawyer

Illinois Hemp Lawyer

  Our Illinois Hemp Lawyers have written extensively on the first new agricultural commodity of the 21st century - hemp - over on our sister website focusing on our cannabis law practice - www.CannabisIndustryLawyer.com. Illinois Hemp Farmers & Processors...

Need A Workout Lawyer

Thomas Howard has completed dozens of loan workouts and helped financial institutions recover the collateral base.  Call (309) 699-4691.

REACH US BY EMAIL

13 + 13 =

Uniform Fraudulent Transfer Act

Uniform Fraudulent Transfer Act

Uniform Fraudulent Transfer Act

Uniform Fraudulent Transfer Act

Uniform Fraudulent Transfer Act – stops lies

A new Uniform Fraudulent Transfer Act Third District Appellate case that is of interest to secured lenders.

The case of Pluciennik v. Vandenberg provided the first time that Illinois applied the Uniform Fraudulent Transfer Act (UFTA) and its definition of “asset” on an encumbered piece of real estate.

Plaintiffs filed a UFTA action seeking to avoid transfers of three parcels of real estate from companies owned and managed by Defendant to companies held in irrevocable trusts for the benefit of his minor daughters. Valid mortgages encumbered all the real estate transferred.

The Trial Court erred in determining, as a matter of law, that the real estate were not assets under the UFTA because they were fully encumbered because no evidence of the fair market value of the real estate was considered in granting a motion to dismiss the UFTA complaint.

“That the fair market value of encumbered property that exceeds the value of a valid lien qualifies as an asset under Illinois’s Uniform Fraudulent Transfer Act. “

Picture of Collateral with low risk

Photograph by Lorem Ipsum via Stencil

The trail court made a mistake by not taking evidence on the fair market value of the real estate transferred.

As a result, there continued to be a material issue of fact as to the reasonable value of the properties and whether, in light of the fair market value, the properties were fully encumbered.

Therefore, Illinois law recognizes the value of the asset over and above the encumbrance upon it to be subject to the UFTA.

Look at the both the fair market value, and the payoff of the debt before determining if there is a UFTA claim.

Attorneys in Peoria Illinois

Attorneys in Peoria Illinois

(If you were directed from completing a form, Thank you.  Tom Will be in touch soon, but here's a whole page to help you in finding your next attorneys in Peoria Illinois )  Attorneys in Peoria Illinois come in all different shapes and sizes - listen to Tom...

Commercial Mortgages

Commercial Mortgages

Commercial Mortgage Foreclosure The main collateral for many people and businesses is the real estate it owns. A commercial mortgage is a grant of a security interest on a parcel of the business' real estate. Commercial mortgages allow for greater rights for the bank...

Thomas Howard

Thomas Howard

Real Estate Lawyer

Whether this is your first land use issue or most recent, our office has helped people and businesses alike.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime. R. Martindale

Illinois Hemp Lawyer

Illinois Hemp Lawyer

  Our Illinois Hemp Lawyers have written extensively on the first new agricultural commodity of the 21st century - hemp - over on our sister website focusing on our cannabis law practice - www.CannabisIndustryLawyer.com. Illinois Hemp Farmers & Processors...

Need A Workout Lawyer

Thomas Howard has completed dozens of loan workouts and helped financial institutions recover the collateral base.  Call (309) 699-4691.

REACH US BY EMAIL

9 + 8 =

Help I Was In a Wreck!!! When Should I Call My Attorney?

Help I Was In a Wreck!!! When Should I Call My Attorney?

What your attorney can do for you & When DO you need the Attorney with you!!

We’ve all seen people and their cars on the shoulder of the road or blocking the intersection and the police are there investigating and directing traffic around a collision. There are three times having an Attorney assisting you in dealing with a collision and helping you recover for losses to your property and your well-being.  Here are some tips on what your attorney can do for you at each of the stages of an auto collision claim.

JUST AFTER THE COLLISION:

  • Helping you get your information organized as to your insurer, the traffic collision report, and contacting the other driver’s insurer. Getting to get yourself checked out by a healthcare provider if you weren’t treated at the scene of the collision or at the Emergency Room that night. You might not realize that the stiffness and pain could only arise after your body’s adrenaline is gone.
  •  Helping you at the first contact with the other driver’s insurer as they can ask what seems like a simple question to get you to waive your claim. An example; asking you if you were hit by a Ford F-150 and you’re not a truck person so you don’t know how to answer. Your attorney will ask if they mean the vehicle belonging to their insured (the other driver) and then their little trick has failed.
  • Negotiating on the property damage to your vehicle; either insurer (yours or theirs) will try to minimize the damages and value of your vehicle. Your attorney will be able to make sure your vehicle is safely repaired or if the vehicle is “totaled” negotiate the best car value to enable you to replace your vehicle.