Blog

Do You Need a Lawyer to Dissolve Your Business?

• March 24, 2021
• Kelvin Birk
• Business Law

“Do you need a lawyer to dissolve your business?” This question is frequently raised by business owners as they make the difficult decision to cease operations and move in a new direction.

Honestly, closing a business is complicated. There are always multiple “stakeholders.” It is important to ensure that each is treated appropriately. Also, as a business owner, you must abide by all relevant state and local laws, file very specific paperwork, and position yourself well for the future. So, do you need a lawyer to dissolve your business? Quite simply, yes!

Working with a reputable business attorney can help you dissolve your business efficiently and [...]

Can I File Bankruptcy Without My Spouse?

• March 4, 2021
• Kelvin Birk
• Bankruptcy

One partner can file bankruptcy without their spouse in Missouri; and in many cases, a partner can do so without affecting the other spouse’s credit record. However, even though an individual bankruptcy may eliminate the filing spouse’s liability for jointly-held/co-signed debts, this does not stop creditors from pursuing the non-filing spouse for repayment of these debts. In other words, your filing individual bankruptcy does not protect your spouse from co-signed or jointly incurred debts.

For this reason, it may be best to file for bankruptcy as a couple. It is also important to remember that some debts cannot typically be eliminated through bankruptcy, including taxes [...]

Steps to Start a Business

• February 9, 2021
• Kelvin Birk
• Business

If you’re thinking about starting a business in Missouri, then you’ve chosen the right place. The latest U.S. Census data shows that Missouri leads the nation in creating new businesses! New business start-up numbers are surging by more than 16 percent, double the number of any other state in the country, according to the Missouri Department of Economic Development.

What Are the Steps to Start a Business?

There are some important steps to start a business, and you want to make sure you consider all of these before jumping into the deep end and getting overwhelmed. A wise, thoughtful approach can prevent headaches later. Having a great idea is the first require [...]

Can a Beneficiary Sue a Trustee?

• February 9, 2021
• Kelvin Birk
• Estate Planning

Yes, a beneficiary can sue a trustee. But a beneficiary must prove that a trustee has breached their fiduciary duty. A beneficiary cannot mount a successful challenge simply because he/she has a personal grudge against the trustee or because he/she simply feels the trust is unfair as it was created by the trust owner.

To mount a legal challenge, a beneficiary must show that there was malfeasance, conflict of interest or incompetence on the part of the trustee.

There’s a lot to know about trusts and estate disputes, and challenging a trustee is rarely something you want to do on your own. With the help of