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About Katherine D. Tohanczyn

Best Practices: Importance of Ensuring a Borrower Avoids Bulk Sales and Successor Tax Liability in the Sale of Business Assets

Generally, the purchaser of a business is not liable for a seller’s unpaid taxes unless the purchaser agrees to assume them. However, most states have adopted laws that create a…
  • January 4, 2017
  • Katherine D. Tohanczyn

Best Practices: When Should Borrowers Engage Legal Counsel

Before, during and after the commitment phase on any loan, your client will undoubtedly have numerous questions about the process, costs, and time-frame for closing the loan. One common question…
  • September 7, 2016
  • Katherine D. Tohanczyn

Best Practices: Hit Send With Caution: Electronic Communications Can Modify a Written Contract and Lead to Results that Are Far from “Awesome!”

It has been decided that informal communications, such a instant message (“IM”), can modify a signed contract. A Florida Court, applying Delaware law, held that an IM effectively amended a…
  • June 8, 2016
  • Katherine D. Tohanczyn

Best Practices: Make NO Mistake – Circuit Courts Rule Against Lenders for Minor Errors in Security Documents

When financing a government guaranteed loan through the Small Business Administration (“SBA”) 7(a) program, lenders must not only identify all collateral required by the SOP 50 10 but also obtain…
  • March 9, 2016
  • Katherine D. Tohanczyn
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