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Month: March 2023
Estate Planning for Small Business Owners

On Behalf of O’Brien Law Firm, LLC

Posted on: March 20, 2023

Small business owners face unique challenges when it comes to estate planning. Unlike individuals who work for a company or have a regular job, small business owners must consider how their death or incapacity will affect their business. Proper estate planning can help ensure that a small business owner’s wishes are carried out and that their business is able to continue operating in their absence.

Planning Considerations for Small Business Owners

Business Succession Planning

Small business owners must plan for what will happen to their business in the event of their death or incapacity. This can include naming a successor to take over the company, setting up a buy-sell agreement, or creating a trust to hold the business assets.

Asset Protection

Small business owners must protect their personal assets from any liabilities associated with their business. This can include creating a separate legal entity for the business, such as a corporation or limited liability company (LLC), and ensuring that the business is adequately insured.

Tax Planning

Small business owners must consider the tax implications of their estate plans. This can include minimising estate taxes, avoiding probate, and ensuring that the business is structured in a tax-efficient manner.

Retirement Planning

Small business owners must plan for their retirement and ensure that their businesses will be able to provide for them during their retirement years. This can include setting up a retirement plan for the business and ensuring that the company is generating enough income to support its retirement needs.

Succession Planning

Small business owners must plan for the long-term future of their business. This can include grooming a successor to take over the company, ensuring that the firm has a solid management team in place, and creating a strategic plan for the future of the business.

Estate Administration

Small business owners must ensure their estate plan is properly administered after death. This can include naming an executor or trustee to oversee the distribution of assets, ensuring that beneficiaries receive their inheritances in a timely manner, and minimising the risk of disputes among heirs.

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Bankruptcy Fraud: Consequences and Legal Penalties

On Behalf of O’Brien Law Firm, LLC

Posted on: March 20, 2023

Bankruptcy is a legal process that allows businesses and individuals to exude or discharge their debts. However, some people try to abuse the bankruptcy system by committing bankruptcy fraud. Bankruptcy fraud can have serious consequences, including criminal charges and significant financial penalties.

Types of Bankruptcy Fraud

Bankruptcy fraud can take many forms, but it typically involves concealing assets or income in order to avoid paying creditors or qualifying for bankruptcy relief. Some common examples of bankruptcy fraud include:

  • Failing to disclose all assets or income in bankruptcy filings
  • Transferring assets to family or friends prior to filing for bankruptcy
  • Filing multiple bankruptcy cases in different jurisdictions to delay or avoid creditors
  • Falsifying financial records or documents

Penalties for Bankruptcy Fraud

Bankruptcy fraud is a federal crime and is punishable by both fines and imprisonment. The penalties for bankruptcy fraud can vary depending on the severity of the offence, but they can include the following:


Bankruptcy fraud can result in fines of up to $250,000 for individuals and up to $500,000 for corporations.


Bankruptcy fraud can result in imprisonment for up to five years for individuals and up to 20 years for corporations.


Bankruptcy fraud can result in the requirement to pay restitution to the victims of the fraud.

In addition to these legal penalties, bankruptcy fraud can also have long-lasting consequences for the individual or business involved. Bankruptcy fraud can damage a person’s credit score, making it difficult to acquire credit in the future. It can also make it difficult to obtain employment or professional licenses.

To avoid bankruptcy fraud, it is important to be honest and transparent throughout the bankruptcy process. This includes disclosing all assets and income in bankruptcy filings, working with a bankruptcy attorney to ensure all filings are accurate and complete, and avoiding any attempts to hide assets or income from creditors.

Working with an experienced bankruptcy attorney can help ensure that all filings are accurate and complete and can help individuals and businesses navigate the bankruptcy process in a way that is legal and ethical.

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