Avoiding Small Business Disputes/Handling Conflict

An ounce of prevention in business disputes Business disputes are one area where an “ounce of prevention is worth a pound of cure.”  I have seen many small business disputes escalate into the tens of thousands of dollars because the parties did not have a written agreement, the agreement failed to include important terms, or worse […]

Multi-member LLC vs Single Member LLC

Why is the Liability Protection Greater for a Multi-member LLC? A limited liability company (“LLC”) provides a certain amount of liability protection that is very similar to the protection offered by a corporation. For example,  Samantha buys shares in ABC, Corp.;   ABC Corp goes bankrupt and Samantha loses her investment. However, as we all […]

Retirement account: Can you fund your business with it????

Are you considering purchasing a business? Buying a franchise? Need Money? What about your retirement account? There may be a pot of it in your retirement account whether it be a 401 (k) or IRA. Can that be used? I am hearing lots of ads on the radio that promise a way to use your […]

Medicaid Estate Recovery- Problems Of Expanded Medicaid

With Medicaid Estate Recovery, Expanded Medicaid Could Cost Some People their Inheritance As many of you know, the State of New Hampshire is allowed by federal law to file liens against property  and to recover from the estates of Medicaid recipients who have died. See (Medicaid Estate Recovery) at  www.dhhs.nh.gov/oos/eru/index.htm for an explanation of how this […]

US Supreme Court: Inherited IRAs not safe from Bankruptcy!!!

Inherited IRAs cannot be used for bankruptcy protection The US Supreme Court recently ruled that inherited IRAs are not “retirement accounts” for purposes of bankruptcy protection. Normally, a tax qualified retirement account is not available to creditors in a bankruptcy action. The Court ruled, however, that an inherited IRA, that is, an IRA inherited from […]

Protection for Nursing Homes or a Danger to Relatives???

Protection for Nursing Homes? NH State Bill SB138_FN Last year, the New Hampshire legislature passed a bill known as SB 138_FN. This bill was effective July 2, 2013. This bill gives protection for nursing homes by allowing them and certain assisted living facilities to bring a cause of action to recover the “costs of care” […]

New Limited Liability Company Act Law: a Boon for Small Business

SB 203- The Limited Liability Company Act On June 18, 2012 Gov. Lynch signed into law SB 203, the Limited Liability Company Act. The legislation completely rewrites RSA 304-C, the New Hampshire law on Limited Liability Companies. This Act was drafted by a committee of attorneys at the behest of the Business and Industry Association. I was privileged to be one of […]