Business Law

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BUSINESS LAW

FORMATION/BUSINESS REPRESENTATION/LITIGATION

The Law Office of Harold F. Moody, Jr., P.C. represents a number of small and medium-sized business entities throughout the South Shore. The firm is diverse enough to advise businesses in a vast array of areas – from formation through operation.

Business Formation:  We will assist you in choosing the form of business entity most suitable for your business. Whether an LLC (limited liability company), LLP (limited liability partnership), Corporation or General Partnership is most suited for your needs our office can draft the applicable Certificate of Organization, Partnership Agreement, or Articles of Incorporation for filing with the Secretary of State’s office.  The By-Laws, Operating Agreement, Shareholder’s Agreement, Buy-Sell Agreement (or any other document necessary or recommended) is also within the purview of our firm.  The tax benefits of “s” corporation status election for closely held corporations, capitalization and startup issues; corporate formality and structure, employee manuals; policies and other employment related issues will also be reviewed and discussed at startup.  When organizing your business please contact us for the best representation possible.

Business Representation:  The Law Office of Harold F. Moody, Jr., P.C. will be there on behalf of your business for questions and advice regarding contracts, leases, employment agreements, employment manuals and handbooks, employee relations, sexual harassment policies, worker’s compensation issues and a myriad of other business operating questions. As a small business itself the professional corporation known as The Law Office of Harold F. Moody, Jr., P.C. can empathize with and understand the unique and varied demands of business and the value of prompt, informed responses to business inquiries. Our firm is there for your business when you need us most. Let our firm handle your legal issues so that you can concentrate on business.

Litigation: Unfortunately many business disputes can ultimately result in court actions (litigation). Our trial experience allows your interests to be competently and aggressively represented. We wii represent your interests diligently, professionally and passionately for any business dispute you may encounter.  It is our experience that can help provide the advice that may lead to the resolution of an issue and avoid the costly and time-consuming specter of litigation.

Recent Posts

A Declaration of Homestead can provide protection for a multi-use property – Appeals Court upholds lower court decision.

Back in April of this year Attorney Christopher Knoth posted a blog reporting on a Bankruptcy court decision where the Homestead protections pursuant to Massachusetts General Laws Chapter 188 were found to be available to a mixed-use property.  Last week the Bankruptcy Appeals Court confirmed that decision making several noteworthy points.

The Court specifically noted that the Massachusetts Supreme Judicial Court had admonished (in a topic related decision) that the intended public policy and the purpose of the Homestead Act should cause courts to construe the homestead exemptions liberally in favor of debtors.  Consequently the Court held that the mere use of a residence for non-residential purposes, at least when the predominant purpose is residential, does not, by itself, preclude an exemption for the Property.

Although counsel for the appellant argued that any non-residential use of a structure would exempt it from the protections of the Homestead statute (citing that the statute itself specifically defined the properties which could enjoy the protection) the Court firmly rejected that argument (invoking our presently undefeated local professional football franchise to illustrate): “If a homeowner in Foxborough were to rent out her driveway to Patriots fans on Gillette Stadium game-days . . . it defies intuition to think she no longer lives in a single-family dwelling.”

It is still important to note that the Court did not mandate a hard and fast rule but rather indicated that evaluations (to determine a property’s “primary” use) would ultimately be made on a “case by case” basis.

This case provides another clear demonstration that a Declaration of Homestead can be an invaluable protection for Massachusetts homeowners.  The current Homestead statute even allows its filing for a property held in Trust.  Additionally, the Massachusetts Homestead Law increases (doubles) protection amounts for the disabled as well as for homeowners 62 years of age or older.

Contact our office to make sure you have recorded a Declaration of Homestead for your principal residence in Massachusetts!

Attorney Harold F. Moody, Jr.

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