Blogs

Bankruptcy, Restructuring and Creditors’ Rights

Bankruptcy: Preference Defendants Don’t Feel “Preferred”

Bankruptcy preference actions can force businesses to return payments they received legitimately before a customer or counterparty filed for bankruptcy. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Andrea Campbell Davison explains how Section 547 of the Bankruptcy Code allows a trustee to recover certain transfers made in the 90 days before a bankruptcy filing if those payments gave one creditor more than it would have received in a Chapter 7 liquidation.…

March 4, 2014

Land Use & Zoning

Lorton Landfill Dispute Nearing Board of Supervisors’ Review

A long-running land use dispute in Fairfax County over the future of the EnviroSolutions landfill in Lorton is approaching a critical decision point as the Board of Supervisors prepares to evaluate a proposal to extend operations through 2040. This Bean, Kinney & Korman article outlines how the application for a special exception amendment and related approvals has triggered significant community opposition, particularly in light of earlier expectations that the landfill would close and be…

March 4, 2014

Business and Financial Services

The Hidden Power of Routine Contract Provisions

Contract provisions often treated as routine or “boilerplate” can have significant legal consequences when disputes arise, particularly in areas such as choice of law, forum selection, and notice requirements. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains how these seemingly minor terms can shape litigation outcomes, using a federal case from the Eastern District of Virginia to illustrate how overlooked provisions can create…

March 4, 2014

Estate Planning

Estate Administration 101: Taking Inventory in Virginia, Maryland and the District of Columbia

Preparing an estate inventory is one of the first and most important responsibilities of an executor, and the requirements vary across jurisdictions such as Virginia, Maryland, and the District of Columbia. This Bean, Kinney & Korman article explains that an inventory must account for all assets owned by the decedent at the time of death, valued at fair market value, and submitted within strict statutory deadlines—typically within three to four months depending on the jurisdiction. The…

February 3, 2014

Estate Planning

Succession Planning for CPAs

Succession planning is a critical but often overlooked issue for CPA practices, particularly among sole practitioners who may lack a formal plan for transition or unexpected incapacity. This Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter explains that a comprehensive succession plan should begin with identifying a successor—whether a partner, employee, or external buyer—and establishing a clear timeline for transition. The analysis highlights that many…

February 3, 2014

Construction

Acceleration of Rents Part 2: Drafting Reasonable Provisions

Part one of this series explained acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability and validity. Part two of this series, below, will discuss how landlords can include enforceable acceleration of rent provisions in their rental agreements. After first taking into…

January 31, 2014

Construction

Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for property owners to offer incentives to a locality to grant the rezoning request. Such incentives often take the form of proffers, which are voluntary conditions the landowner agrees to follow as part of obtaining the re-zoning classification. A landowner might proffer that they will…

January 22, 2014

Construction

Acceleration of Rents Part 1: Is it Enforceable?

Part one of this series will explain acceleration of rent provisions and how various courts around the country have scrutinized these provisions and taken varying positions on their enforceability. Part two of this series will discuss how landlords can include enforceable acceleration of rent provisions in their commercial real estate leases. What is an Acceleration…

January 21, 2014

Construction

Searching for the Escape Hatch: The Variance

Although it is a familiar term in the zoning lexicon, the variance is one of the least understood devices in the zoning toolbox. Known to dirt lawyers as the “escape hatch,” the variance gives relief to property owners from zoning requirements where the strict application of the zoning ordinance would be unconstitutional as to a…

January 16, 2014

Construction

A Tenant’s Right to Offset. Proceed with Caution: Part 2

Part one of this series explained a landlord’s obligations under commercial lease agreements and the remedies available for a commercial tenant should a landlord default. Part two of this series will explain how and when to include offset provisions in a lease. As mentioned above, landlords will strongly resist including an offset provision in the…

January 13, 2014