- Child SupportCertain debt under the Bankruptcy Code cannot be eliminated and is known as “non-dischargeable†debt. Non-dischargeable debt includes recent income taxes, student loans, alimony, child support, restitution or compensation ordered by a criminal court, civil judgments for injuries due to intentional torts or driving while intoxicated, and any debts incurred by fraud. The type of debt that is dischargeable may vary depending upon whether you file a Chapter 7 or Chapter 13 case.
- Spousal Support
- DUI/DWISuppose you run a convenience store that sells cigarettes and liquor. By statute, you cannot sell those items to people underage. If you do so, you can be both criminally and civilly liable. For example, you sell a six-pack to someone 18 who then goes out and gets killed in a drunk driving accident. You may be held civilly liable for a statutory breach, as that person’s parents can sue to recover damages from you. You can also be sent to prison as well for breaking the law.
- Corporate LawJohn can help you create vital contracts, such as partnership agreements, shareholder agreements, service contracts, buy-sell agreements, key employee agreements, and restrictive covenant (i.e., non-compete or non-solicit) agreements. He has the experience and knowledge to help draft and review all company contracts.
- Business FormationSo you decided to start a new business? Or that it was time to make more sense of your existing business and structure? Clark Law Firm and John W. Clark IV can help with your business formation and asset protection issues.
- Business DisputesStarting a new business can be a thrilling yet challenging experience. In order to set up your business for success, it’s crucial to choose the right legal structure and establish a proper legal foundation. A solid legal footing can help prevent or mitigate potential legal issues and liabilities in the future. Therefore, if you are planning to start a new business or if you're involved in a business dispute, it is important that you consult with an experienced Alabama business law attorney for detailed guidance.
- Business TransactionsAs a real estate litigator and counselor, John Clark can provide seasoned and knowledgeable advice on matters of due diligence, buying and selling, and dispute settlement to protect your investment in property. If your business needs representation in matters including commercial or business litigation, commercial or business transactions, real property litigation and transactions, or general civil litigation, take action to safeguard your business. Contact the Clark Law Firm, PC in Birmingham, Alabama today to schedule a consultation and put his experience to work for you.
- Limited Liability CompaniesChoosing a business structure or entity is crucial for every business owner. John can help you understand the different entity options available to you – including Limited Liability Companies (LLC), Partnerships, Sole Proprietorships, and Corporations – and help determine the right one for your unique situation.
- Trade Secrets
- Wrongful Termination
- Non-compete AgreementEmployees can also present breach of contract problems. If you require employees to sign restrictive covenants, such as nondisclosure or non-compete agreements, those employees may often breach these agreements by joining a competing firm or going into business for themselves and using proprietary information obtained from your company.
- Real Estate Litigation
- Real Estate TransactionsBefore you sign on the dotted line or shake any hands regarding a real estate transaction, ensure your business’s foundation – literally and figuratively – is firm. John W. Clark IV will help make certain your agreement is clear and in the best interests of you and your business.
- Landlord-Tenant DisputesDisputes happen for a number of reasons. Lease disputes can easily end up costing both the landlord and tenant if the disputes are not handled efficiently. Common disputes may occur because of unwarranted evictions, failure to uphold maintenance or repair obligations, or failure of either party to properly notify the other of some action or inaction which requires notice under the lease. If you cannot resolve the dispute on your own, the next call should be to an attorney with experience in commercial real estate. Waiting until there are no options is not helpful - as soon as you believe there is a dispute with your landlord or tenant which may not be resolvable, seek assistance. The sooner you engage counsel, the more options may be potentially available.
- Personal InjuryIn business-to-business litigation, both sides often have claims and defenses against the other party, which differs from consumer litigation where there is typically a clear plaintiff and a clear defendant. The easiest example of consumer litigation is personal injury actions where there is a “victim†plaintiff and a “perpetrator†defendant. The reason for the cross-claims and defenses in business and commercial litigation is because most contractual disputes arise with both parties playing some role in the resulting disagreement.
- Estate PlanningJohn is a member of the Over the Mountain Law Group, a network of law firms based in Birmingham, Alabama representing entrepreneurs, start-ups, small business and private interests across the State of Alabama. When engaging Clark Law Firm, you also gain full access to the collective knowledge and experience of the larger Over the Mountain Law Group. Over the Mountain Law Group offers a broad range of legal services, including general business, employment, corporate, real estate, estate planning, and litigation.
- WillsIf you open a retirement account with an agent or a bank, they have a fiduciary duty to care for your investment. Trustees and executors named in any trusts or wills have a fiduciary duty to honor the wishes expressed in the trust or last will and testament. Guardians of minor children also have a fiduciary duty to act in the best interests of the children they are taking care of.
- Probate
- BankruptcyAt Clark Law Firm PC, Attorney John Clark is dedicated to offering experienced legal services and knowledgeable guidance to small business owners in bankruptcy-related matters. John is available to discuss your unique financial situation and help you understand your possible legal options. Whether you are trying to file for Chapter 7, Chapter 11, or Chapter 13 bankruptcy, John can offer you the detailed legal counsel and reliable advocacy you need to make informed choices and seek financial relief.
- ForeclosureBankruptcy is a process by which individuals or businesses may restructure or discharge their debts. Bankruptcy is a method of providing a potential reprieve from creditor calls, foreclosures, and evictions and provides the honest debtor a "fresh start" with their finances.