Telephonic and/or video consultations and mediation services are available.

Delaware Business and Bankruptcy Litigation Lawyer

The Law Office of James Tobia, LLC is conveniently located in Wilmington, Delaware.  Delaware is the frequent home of choice for corporate and business formation. Consequently, Delaware remains at the forefront of corporate, business, and bankruptcy litigation.

Mr. Tobia has more than twenty years of legal experience, representing business and individual clients ranging from Fortune 500 corporations to start-up enterprises to individual clients throughout Delaware, the United States and abroad.

 
The Law Office of James Tobia, LLC represents clients with a variety of legal needs, including:

• Defense of preference and fraudulent transfer clawback suits in commercial bankruptcies;
  
• Business disputes, including commercial and business litigation;
• Corporate, commercial and business transactions, including business formation;
• Delaware counsel to out of state clients and their primary counsel to defend Bankruptcy preference avoidance actions;
• Delaware counsel to out of state clients and their primary counsel needing relief from the automatic stay imposed by 11 U.S. Code § 362, from the United States Bankruptcy Court in order to pursue or continue state court litigation, such as personal injury or wrongful death, in their home state seeking to collect available insurance proceeds;
• Delaware counsel to out of state clients and their primary counsel for defense of other business litigation;
• Representation of creditors in commercial bankruptcies;
• Family law consultations and a la carte services - divorce, custody, support and other domestic relations or family law;
• Other Consultations;
• Alternative dispute resolution; and
• Trust and estate planning.

The Law Office of James Tobia, LLC  is dedicated to providing efficient, cost-effective and common sense representation of businesses and individuals in all facets of legal representation. We take pride in representing businesses at every stage of commercial existence, starting with formation.  We routinely defend commercial and individual clients who have been sued in Delaware state and federal courts, including protecting vendors to now bankrupt companies in defense of preference actions in the Bankruptcy Court for the District of Delaware, and we represent individuals in personal matters such as individual investments in business entities, contract formation, asset protection, domestic relations, family law and estate planning. We pride ourselves on serving our clients' long-term interests while responding to their most pressing short-term concerns all the while understanding how the costs of legal representation affect our client's decisions. We want to develop and foster a long lasting relationship as a trusted advisor to our clients.

Example of the clients we frequently represent include:

•    Small business that worked closely with a company that has now filed for bankruptcy protection.  These clients often have many needs, including that they may be owed money by the bankrupt Debtor, they may have contracts or leases implicated by the Bankruptcy, and they may be sued by the Debtor eventually.  That’s right, your significant client has gone out of business, your bills have not been paid in full, and eventually they are going to sue you to try to recover the partial payments you did receive!

•    Out of state businesses and individuals, through their primary and often long time home-state lawyers, providing Delaware counsel services to partner with that out of state counsel, providing access to the Delaware courts. 

•    Out of state individuals who suffered personal injury in dealings with a company that has now filed for bankruptcy protection and need help getting permission to seek recovery against available insurance policies.

•    Individuals and small businesses needing assistance with contracts and small business transactions, including formation.

•    Family law clients who want to understand their rights and the legal process.  Frequently, we represent clients who are trying to work things out with their spouse or former spouse and the client needs to understand what will happen if they cannot or need some information in order to evaluate an offer made by the opposing party.