Articles from Shenwick & Associates

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The Closed Restaurant and Guarantees and Good Guy Guarantee of the Restaurant Lease

Submitted by Anonymous (not verified) on Mon, 11/04/2019 - 03:32


In our continuing series of posts on failed or closed restaurants, many clients have asked us to review the custom and practice and the law regarding guarantees and  good guy guarantees for restaurant leases.
 Most restaurants in New York are owned by a limited liability company (“LLC”) or a Subchapter S corporation. That entity will set up and run the restaurant and the LLC  or S corporation stock will be owned by an  individual.

Student Loan Change

Submitted by Anonymous (not verified) on Wed, 10/30/2019 - 22:25


Student Loan Change from Forbes Magazine

Restaurants and Workouts with Creditors

Submitted by Anonymous (not verified) on Sun, 10/27/2019 - 06:58

Restaurants and Workouts with Creditors

Many readers of our blog, who read last week's post titled

“Restaurant Closings in New York City and Bankruptcy”
have asked us to do a post regarding workouts with creditors
after the restaurant has closed.

Let's review a typical fact pattern,  that we see regarding failed restaurants.
The restaurant is owned by an LLC or a subchapter S corporation and the member’s
interest in the LLC or the stock in the S corporation are 100% owned by Mr. X.

Restaurant Closings in New York City and Bankruptcy

Submitted by Anonymous (not verified) on Sun, 10/20/2019 - 06:42

Restaurant Closings in New York City and BankruptcyAs reported by many newspapers and websites, a significant number of restaurants are closing in New York City. These closings are due to the high cost of rent, insurance,  overhead and the increase in the minimum wage to $15 per hour for the restaurant staff.

Pensions and Chapter 7 Bankruptcy filings

Submitted by Anonymous (not verified) on Sun, 10/20/2019 - 05:20

With the increase in bankruptcy filings, many clients have contacted us regarding
the treatment of their pensions in a chapter 7 bankruptcy filing and whether they should borrow from their pension prior to filing for bankruptcy, if necessary.

Under the law, both Roth and traditional IRA’s are exempt  up to $1,283,025 in a chapter 7 bankruptcy filing.

401(k)s, 403(b)s, profit sharing plans, SEP & Defined Benefit Plans are completely exempt in a chapter 7 bankruptcy.

How New York’s Taxi Titans Roiled Cities Hundreds of Miles Away from New York TImes October 7, 2019

Submitted by Anonymous (not verified) on Thu, 10/17/2019 - 20:16

How New York’s Taxi Titans Roiled Cities Hundreds of Miles Away

In the early 2000s, a group of New Yorkers did something unexpected.

They bought a bunch of taxi medallions that allowed them to own and operate vehicles hundreds of miles away, in Chicago. Medallions in that city were considered such an inexpensive commodity that Chicago had, at times, given them away free.

This turned out to be an early sign of a takeover of taxi markets across the country by some New Yorkers who were about to teach drivers in other cities a painful lesson.

Pensions and Chapter 7 Bankruptcy filings

Submitted by Anonymous (not verified) on Thu, 10/17/2019 - 20:11

Pensions and Chapter 7 Bankruptcy filings

With the increase in bankruptcy filings, many clients have contacted us regarding the treatment of their pensions in a chapter 7 bankruptcy filing and whether they should borrow money from their pension prior to filing for bankruptcy.

Under the law in New York both Roth and traditional IRA’s are exempt  up to $1,283,025 in a chapter 7 bankruptcy filing.

401(k)s, 403(b)s, profit sharing plans, SEP & Defined Benefit Plans are completely exempt in a chapter 7 bankruptcy.

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