Liquidated damages provisions of agreements set forth in advance the amount of damages the breaching party must pay in the event of breach. These provisions are intended to avoid often costly and lengthy litigation precipitated by a contractual breach. The enforceability of these provisions, which is a question of state law, however, is frequently challenged in bankruptcy cases and...
Continue Reading“If they are going to try to reduce operating expenses, [firms] are going to get creative in terms of saying, ‘maybe we don’t need all of these people physically in the office space,'” she said. While Simmons doesn’t see it happening overnight, particularly at the larger firms, she does warn that like it or not, the legal industry is changing...
Continue ReadingFirm attorney Camisha L. Simmons participated in Corporate LiveWire’s Virtual Round Table discussion titled “Bankruptcy and Restructuring 2017.” Ms. Simmons along with 7 other restructuring professionals from across the Globe provided commentary on recent developments in the restructuring industry. Commentary included, among other discourse and analysis, a discussion of key industries facing bankruptcy & restructuring challenges such as oil...
Continue ReadingThe Bankruptcy & Restructuring Round Table features eight restructuring professionals from around the world, including Simmons Legal PLLC attorney Camisha L. Simmons, Esq. Highlighted topics include a focus on key industries facing bankruptcy & restructuring challenges such as oil and gas, the impact of ecommerce on the retail sector, and a discussion on recent case studies such as Toys R Us...
Continue ReadingThere is a global race to get first dibs on valuable metallic and nonmetallic minerals and other natural resources in outer space for consumption on Earth as well as use as materials and fuel to aid completion of exploration and colonization missions in outer space. Chances are that companies and investors racing to space to establish commercial operations, including...
Continue ReadingFirm founder Camisha L. Simmons, Esq. has been named a 2016 “New York Metro Rising Star” by Super Lawyers, a Thomson Reuters Rating Service. The honor is reserved for those lawyers who exhibit excellence in practice. No more than 2.5 percent of eligible lawyers in New York are named to the “New York Rising Stars” list. The New York...
Continue ReadingFor the third year in a row, Camisha Simmons, founder and Managing Member of Simmons Legal PLLC, was named to the annual “Texas Rising Stars” list published by Super Lawyers magazine, a Thomson Reuters rating service. No more than 2.5 percent of eligible lawyers in the state of Texas are named to the “Texas Rising Stars” list.
Continue ReadingDebtors often lose real property pre-petition for failure to pay property taxes to their local taxing authority. If a debtor is delinquent on property tax payments, the local taxing authority will place a lien on the property. If the debtor fails to pay the delinquent property taxes after given an opportunity to remove the lien through payment, the taxing...
Continue ReadingSubtle bankruptcy nuances left unaddressed in a loan agreement may result in a forfeit of the make-whole charge which the lender bargained for when negotiating and documenting the loan. This white paper provides lenders useful guidance to help preserve entitlement to bargained-for make-whole payments in the event of a borrower’s bankruptcy. Read the full text of the article
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