Author Archives: Brian Irion

Business

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Business makes the world go ‘round. Business guidance helps it go more smoothly.

In Adam Smith’s 1776 work entitled The Wealth of Nations, he describes the “invisible hand” in which each person’s pursuit of his or her own interest in market exchanges helps achieve socially desirable ends as well as maximum efficiency and a Darwinian evolution of goods and economies. The ability to self-regulate and achieve efficiencies is affected by monopolies and oligopolies, lobbying, tax preferences, governmental regulations, and other non-market forces.

Today’s business faces all of these obstacles. Well drafted agreements, knowing what can and can’t be done, knowing what to look for (and avoid) in transactions can all have a profound impact on the success of a venture. Who is advising you?

The Law Offices of Brian Irion has represented contractors, lessors and lessees, manufacturers of food and other products, service professionals, licensors, licensees, retail and internet companies, to name just a few.

Bankruptcy

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Bankruptcy law is designed for everyone’s benefit.

For the debtor, it offers a fresh start for the honest but unfortunate individual, or breathing room for a beleaguered business to restructure its debts and operations.
For the creditor, it ensures equal distribution of a debtor’s assets among similarly situated creditors and the ability to ensure transparent operations of a debtor without piecemeal enforcement of judgment remedies.

While bankruptcy law is a specialty in its own right, knowledge of the Bankruptcy Code is an essential tool for every transactional lawyer and every civil litigator.

The Law Offices of Brian Irion is a debt relief agency as defined in 11 USC §528. As well as representing creditors, we help people file for bankruptcy relief under the bankruptcy code.

Real Estate

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Real Estate Law encompasses both transactions and litigation. By having done both, Law Offices of Brian Irion has gained insights into what is likely to become (and sometimes how to avoid) points of dispute.

Law Offices of Brian Irion has drafted construction contracts and represented both contractors and property owners in construction disputes, mechanics’ lien and stop notice litigation since 1985. We have reviewed hundreds of purchase and sale transactions and broker files, both in the transaction and in purchase and sale litigation and arbitration. This includes sales of both raw and improved land, sometimes as part of a business sale. We have drafted leases and evicted tenants in office buildings, retail establishments, warehouses, shopping malls, and residences.

Litigation

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Litigation cases come in all shapes and sizes, from small to large, in state and federal courts, in administrative hearings, and span the full gamut of all that your business touches.
Competitors sue for unfair competition, employees sue under a host of employment-related laws, clients and customers sometimes won’t or can’t pay for goods or services provided, debts your business may have already collected may be the target of preference lawsuits by a trustee in bankruptcy; the list goes on. Sometimes, the litigation can be traced to a failure to adhere to best practices, or unartful contract language.

Not always.

Unfortunately, litigation is usually expensive. From pleading to discovery, to pretrial motions to trial, all the way to appeal, collection or bankruptcy, everything costs money. If your business can’t avoid litigation, can your attorney represent you from start to finish?

Brian Irion has been a practicing attorney, initially trained as a litigator and trial lawyer, since 1985. Since then, he has litigated in state trial courts, in administrative hearings, before arbitration panels, in bankruptcy courts, in federal district courts, and before appellate courts ever since. Before forming his own firm, he practiced with a number of small and large firms including Lewis, D’Amato Brisbois & Bisgaard; Wilson, Sonsini Goodrich & Rosati; McKenna & Fitting; and Cohen, England & Whitfield in Ventura County.

As Eviction Controls Ease, Consider the Possibility of Bankruptcy

As Eviction Controls Ease, Consider the Possibility of Bankruptcy


Emergency Rule of Court 1 temporarily prohibits evictions of all types in California. But that prohibition will end sometime. It has to because landlords are still facing mortgages regardless of whether tenants pay or not. If tenants don’t pay, the property may well be foreclosed.

California is considering a number of measures to avoid the potential onslaught of evictions. That includes a freshly amended, leadership-backed Senate measure that generally bars landlords from evicting tenants during a state of emergency, allows landlords and tenants to negotiate payment plans that could give renters years to repay and lets property owners claim future tax credits for unpaid rent.

One alternative seemingly not considered by most large law firms analyzing “Acts of God” or “Impossibility of Performance” defenses to rent payment for tenants, is that of bankruptcy. If you can get past your perceptions of stigma, you may recognize this as a viable and possibly preferred solution.


If you are a tenant, bankruptcy can offer you a respite not only from rent, but many other obligations as well as you reorganize your business affairs.


If you are a tenant

If you are a tenant, bankruptcy can offer you a respite not only from rent, but many other obligations as well as you reorganize your business affairs. By sheer happenstance, a new Subchapter V of Chapter 11 of the Bankruptcy Code was enacted Fall of 2019 to make reorganizations easier and less costly for smaller business enterprises. And, some bankruptcy courts have already considered the issue of “Acts of God” as landlords seek payment of rent as a condition to the tenant staying in the premises during reorganization. Tenants may well rather be in front of a bankruptcy judge than a state court judge who may have come from the ranks of district attorneys or a large law firm, and who may not fully understand or be sympathetic to excuses from paying rental obligations.

If you are a landlord

If you are a landlord, you may face the bankruptcy issue from two perspectives: either you may consider it as a method to avoid a non-judicial foreclosure from your lender; or you may have to deal with bankruptcy if your commercial tenant files for bankruptcy and wants more time to make up past rent through a multi-year reorganization plan.

Law Offices of Brian Irion is a debt relief agency that helps businesses and people under the Bankruptcy Code. We also help creditors dealing with debtors and trustees in bankruptcy!