Bernstein-Burkley, P.C. was a sponsor for “The Emerald of Mt. Washington 5K and Festival” in Pittsburgh’s Mt. Washington neighborhood. The event was held on May 11, 2013 in Pittsburgh’s scenic Mt. Washington neighborhood, highlighting local businesses, cultural sites, and Emerald View Park. About 500 people participated.
As development of the Marcellus, Utica and other shale formations continues throughout the Appalachian Basin, believe it or not, there have been occurrences of people refusing to accept or cash checks in connection with oil and gas leases. As you would guess, these payments or checks that are being refused are not the lucrative lease bonus or production royalty payments associated with the Marcellus and Utica shales, but they are most often nominal payments related to “old leases” under which shallow formations are being produced or gas is being stored underground. The lessor often believes that an “old lease” should not cover or hold its deep gas rights and decides that it is in their best interest not to accept or cash the small checks. Under certain but limited circumstances, that may be the prudent decision but is not the focus of this article.
Continue reading “Abandoned and Unclaimed Property – Oil and Gas Related Payments”
Check out page 12 of the Allegheny County Bar Association’s most recent Lawyers Journal. It’s an article about bankruptcy Judge Judith Fitzgerald’s retirement. In the picture, Bob and the Judge are holding the Lawrence P. King award for excellence in bankruptcy given to the Judge by the Commercial Law League of America. He is also quoted in the ACBA Lawyers Journal article.
Many standard goods and services contracts contain clauses pertaining to potential future disputes between the parties. Often times the language will provide for all disputes to be resolved by and through the American Arbitration Association. There is nothing wrong with having such a clause in a contract or with turning to the American Arbitration Association, however, it’s very important to know what it is (compared to statutory arbitration) and whether it’s right for your dispute.
Did you know that Bob Bernstein will be participating in the Commercial Law League’s Spring meeting in Chicago? He will be discussing Ethics and Professionalism: A Roundtable Discussion on Choices and Challenges on Saturday, April 14, 2013.
Enjoy photos from the event.
https://www.clla.org/news/default.cfm?view=item&id=1586&cat=10
Listen to Bob Bernstein discuss Chapter 11 bankruptcy and preferential transfers on Talk Business 360
Bernstein-Burkley, P.C. assessment appeal ad in Pittsburgh Post Gazette
Here’s our ad in the Pittsburgh Post Gazette letting residents of Allegheny County know that the appeal deadline has been extended and we can help appeal their 2013 property assessment.
2013 Allegheny County Property Assessment Deadline Extended
To all the residents in Allegheny County, there is another chance to appeal your 2013 Allegheny County property taxes. The extended deadline to file an appeal is now April 1st.
Call Bernstein-Burkley, P.C. for legal representation 412-456-8100
or send an email to: info@bernsteinlaw.com
https://bernsteinlaw.com/practice-areas/assessments/
Wondering about whether the airport gas lease was a good deal for Allegheny County? Here is a P-G article about the analysis done by Kit Pettit, a Bernstein-Burkley lawyer:
Bernstein-Burkley, P.C. wins $5.75 million for Creditors of Former Elder Care Home. Click here for the article published in the Pittsburgh Tribune Review.
by Raymond P. Wendolowski, Jr.
There are many tactics that you can use to try to make a debtor follow through on promised payments or to follow through on any promise in general, but the best technique I have found is also one of the simplest. When I first began practicing at Bernstein-Burkley, P.C., I learned that setting hard deadlines for debtors is possibly the most effective way to get a debtor to do anything.
The process is very simple. When you have a payment or some other action that you require from a debtor, provide them with a hard deadline, preferably in writing, by which they must perform the action.
Once you set a deadline, you then have to follow through on the deadline. This means that if a debtor violates the deadline, there must be genuine consequences for doing so. The consequences do not have to be Earth-shattering, but they must be punitive to the debtor in some way. For instance, if you have given a debtor five days to respond to an offer of settlement, any acceptance made after the fifth day should be rejected, and the debtor should be notified that the acceptable settlement range has now increased because of the debtor’s failure to respond in time.
You can also notify the debtor ahead of time that there will be consequences for failing to fulfill a promise. Doing so can be even more effective if a debtor has seen the consequences of breaking a promise in the past, because they now know that you will follow through on the proposed consequence.
This seems like a technique that is almost too simplistic to work, but in fact it works very well in practice. This practice is also very adaptable, because you can tailor your deadlines and consequences to each and every situation to ensure that your debtor will comply.
Bernstein-Burkley, P.C. was given the ranking of a Metropolitan First Tier Law Firm in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and in Litigation – Bankruptcy for 2013 by US News and World Report-Best Lawyers.
http://bestlawfirms.usnews.com/firms/bernstein-burkley-p-c-/overview/18681/