Delaware Business and Bankruptcy Litigation Lawyer
The Law Office of James Tobia, LLC is dedicated to providing efficient, cost-effective and common sense representation of businesses and individuals. We are something of a boutique firm, specializing in several areas of practice, including business transactions, defending lawsuits, and consulting and advising commercial and individual clients, including:
- Bankruptcy litigation and motion practice, including Defense of preference and fraudulent transfer clawback suits in commercial bankruptcies, relief from the automatic stay imposed by 11 U.S. Code § 362 in order to pursue or continue state court litigation, motions and objections by creditors, landlords and other parties;
- Business disputes among shareholders, members and partners and transactions resolving those disputes;
- Corporate, commercial and business transactions, including business formation and contracts and transactions resolving intra-company disputes among shareholders, members and partners;
- Delaware counsel to out of state clients and/or their primary counsel:
- to defend Bankruptcy preference avoidance actions;
- In the United States Bankruptcy Court, seeking relief from the automatic stay imposed by 11 U.S. Code § 362 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;
- for defense of other business litigation;
- Family law consultations and a la carte services – divorce, custody, support and other family law.
Example of the clients we most frequently represent include:
- Individuals and businesses 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 (and/or their lawyers) 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.
- Consultations and limited scope representations.
The Firm’s founder, James Tobia, has been practicing Delaware law for almost thirty years, representing business and individual clients, ranging from Fortune 500 corporations to start-up enterprises and individual clients throughout Delaware, the United States and abroad. Our office is conveniently located in Wilmington, Delaware, but we frequently represent clients from throughout the United States as Delaware is the frequent home of choice for corporate and business formation and, consequently, remains at the forefront of corporate, business, and bankruptcy litigation.
Not only does Mr. Tobia bring a wealth of knowledge and legal know-how to every representation, his experience provides a pragmatic approach to his legal practice and his clients’ needs
Mr. Tobia has seen the effects of litigation enough to want our clients to avoid litigation when they can, and knows when to attempt to negotiate a resolution, and when to go to the mats and fight through the courts. And how to, in advance, limit you or your business’s potential future liability.
We understand that there is no one size fits all representation and never ignore that costs are important to all of your decision making. Having represented clients with different financial realities gives Mr. Tobia a unique perspective on what clients need and want out of his representation.
Don’t be surprised if Mr. Tobia asks you what you really wish to achieve by hiring him. It is one of the most important questions of the attorney client relationship. At times it seems like such a simple question, but clients frequently do not have a clear answer at the start of representation.
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 strive to represent our business clients throughout commercial existence: Advising you how best to structure your business, assisting you in forming your business, providing general counsel services, protecting your personal assets from liability related to the conduct of your business and limiting the business’s potential liability. And if something goes wrong, we will represent your interests by trying to avoid litigation or representing you in court or through mediation or abitration. If you have a dispute with your business partners, we can help represent you personally, with what is sometimes referred to as a business divorce.
We also are experienced at family law, and can help if you have unfortunate troubles with marriage, separation, divorce, custody, visitation, and other family law issues. If that occurs and you need advice and assistance with domestic or family legal matters, we will represent you in a responsible way to protect your financial and parental rights while minimizing the understandable pain, difficulty and expense that such situations create.
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. 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 and the stress of the underlying dispute shape our client’s decisions. We want to develop and foster a long lasting relationship as a trusted advisor to our clients.
For more information, contact The Law Office of James Tobia, LLC today to schedule a consultation and to discuss representation, including payment options, by email to: info@tobialaw.com or by calling the firm’s Wilmington offices directly at (302) 655-5303.
