Jackson, Tennessee Firm Blog | Spragins, Barnett & Cobb PLC

Large-scale apartment complex in Tennessee facing foreclosure

On behalf of Spragins, Barnett & Cobb, PLC posted in Real Estate on Thursday, August 16, 2018.

College towns are filling up with students as summer ends and the new school year begins. However, some college students in Tennessee may be looking for a new place to live due to the pending foreclosure of a large apartment complex.

The company -- DHD Ventures -- is already the subject of foreclosure proceedings in another state. Now, its Monarch 815 apartment complex is the subject of foreclosure proceedings, as the company is currently over 90 days past due on its $31.9 million loan for that property. The property is located in Johnson City, Tennessee, and is meant to serve those attending East Tennessee State University.

Tenants in Tennessee have legal duties as renters

On behalf of Spragins, Barnett & Cobb, PLC posted in Real Estate on Thursday, August 9, 2018.

Many people in Tennessee who rent their home have a basic understanding of the obligations their landlord has to them, as well as their rights as a tenant. However, tenants in Tennessee also have obligations to their landlords that are equally important.

Under Tennessee Code §66-28-401, tenants have duties with regard to the premises they rent. Tenants must comply with health and safety codes. They must keep their units as clean and safe as their unit was when they first moved in. They must dispose of all their rubbish in designated receptacles. They cannot purposely or negligently destroy, deface or damage the premises. They cannot commit a crime on the premises. Finally, they cannot disturb their neighbor's right to peaceful enjoyment of the premises.

Avoid financial mistakes during divorce

On behalf of Spragins, Barnett & Cobb, PLC on Tuesday, August 7, 2018.

Divorce is the breaking of a contract, although to you, it may seem much more personal. Dividing your things from your partner's may feel symbolic of the breaking of promises and plans. Your emotions are high and may swing between anger, grief and everywhere in between.

Because divorce is often painful and difficult, it is not uncommon for spouses to want to hurry it along to get it over with. They may not realize that the decisions made during negotiation or litigation can affect their lives for years afterward. If you are in this situation, you may be struggling to make wise decisions to avoid the common financial errors many couples make during a divorce.

State and federal law address age discrimination

On behalf of Spragins, Barnett & Cobb, PLC posted in Employment Law on Friday, August 3, 2018.

Older adults have much to contribute to the workplace. They have years of experience that they can use to make informed decisions on behalf of the company. They can serve as mentors to younger employees. Moreover, they are just as capable at adapting to changes in the workplace as younger employees. However, sometimes an older worker is labeled a "dinosaur" with the often untrue perception that their opinions are out-of-date or they cannot keep up with changes in technology. In certain cases, if an employee is treated less favorably due to their age, this could constitute age discrimination.

Tennessee law and the federal Age Discrimination in Employment Act prohibits age discrimination in the workplace. The ADEA covers employees age 40 and up and is applicable to workplaces that have at least 20 employees. Under the ADEA, employers cannot commit workplace discrimination against an employee when it comes to hiring a worker, letting a worker go, promoting a worker, firing a worker, providing workers with certain benefits, giving workers certain duties and in training workers. Sometimes, this discrimination is explicit, but even acts that negatively affect workers and have no reasonable basis may still be considered unlawful discrimination. Harassment that creates a hostile work environment is also illegal.

Could your loved one benefit from a special needs trust?

On behalf of Spragins, Barnett & Cobb, PLC on Wednesday, August 1, 2018.

Estate planning can be a complex process, especially if you have loved ones with specific needs you wish to address in your estate plan. For some Tennessee individuals, a simple will is sufficient to effectively deal with their estates after their passing, but that may not be the case for you. You may need additional tools to complete your estate plan.

If you have a special needs child or take care of a person who may not be able to care for himself or herself in the future, it may be beneficial to consider a special needs trust. This specific estate planning tool allows you to set aside and protect assets for the care of another person in the future. This could be a prudent choice for the benefit of your loved ones.

What steps can lenders take to recover debts?

On behalf of Spragins, Barnett & Cobb, PLC posted in Banking & Business Transactions on Thursday, July 26, 2018.

Many people in Tennessee carry some sort of debt. It may be a mortgage, a car loan or credit card debt, to name a few. While most people dutifully pay back their debts, there will always be some that do not make the required monthly payments on their debts. When this happens, lenders may work with debt collectors to try to recover what they are owed.

Before enlisting the help of a debt collector, generally, the lenders will attempt to recover debts internally for the first six months the debtor is delinquent. Sometimes, it is possible for the lender to reach a settlement with the debtor that is satisfactory to both parties.

Tennessee businesses do not have to handle litigation alone

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Thursday, July 19, 2018.

Even the best, most well-managed business in Tennessee can see business disputes arise. Sometimes, these disputes involve employees who feel they were wronged by their employer. Other times, these disputes involve an alleged claim of breach of contract or breach of fiduciary duty. Still other times, a business is accused of violating a regulation.

Whatever the dispute, the fact of the matter is that having to deal with business litigation is something most businesses want to avoid. After all, litigation costs both time and money, two things that are often the cornerstone of running a successful business. At Spragins, Barnett & Cobb, PLC, we understand what is at stake when a business is facing litigation. We aim to devise legal strategies that line up with our clients' business goals. While sometimes this means taking a case to trial, it is better to negotiate the issue out-of-court first. Mediation and arbitration may be options in certain circumstances. The approach we take will be based on our client's best interests.

Tennessee businesses reach settlement in business dispute

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Friday, July 13, 2018.

Business relationships in Tennessee must be based on honesty and trust in order to be successful. Sometimes two businesses can work together towards a common goal that will ultimately benefit both of them. However, these deals can sour if one business claims that the other business unlawfully misappropriated trade secrets, committed unfair competition or committed defamation.

A lawsuit between the Tennessee-based companies Contractors & Industrial Supply Company Inc. (CIS) and Columbia Machine Works Inc. (CMW) has been settled. CIS had filed the suit, claiming that in May 2014, CMW engaged in the misappropriation of trade secrets obtained when CIS hired CMW in 1997 and that CMW also engaged in unfair competition when it made and sold products designed by CIS without CIS's authorization. The products at issue in this case is a line of graphite electrode lifting and handling products.

What are the requirements of settling an estate?

On behalf of Spragins, Barnett & Cobb, PLC on Sunday, July 8, 2018.

After the death of a loved one, you may find yourself facing the immense responsibility of settling his or her estate. If you learn you are the administrator of a person's Tennessee estate, you may not know what that means or what you have to do next. You would be wise to ensure you know what to expect and what requirements you will have to meet.

In order to settle an estate, a person must address remaining debts, take inventory of assets, identify beneficiaries and more. The person responsible for this is the executor of the estate or estate representative. A court may appoint a person to act in this capacity, or your loved one may have named you in his or her will.

Tennessee businesses don't always have to litigate their disputes

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Thursday, July 5, 2018.

When a small business owner in Tennessee has a legal dispute, it doesn't always mean the situation will go through an expensive, full-blown trial. Alternatives to traditional litigation exist, such as arbitration and small claims court. These alternatives may be appealing to small business owners, as they often serve as a means to resolve a legal dispute in a relatively quick and less costly manner.

Through arbitration, each side to the dispute will argue their case before an arbitrator, who will then make a decision. However, arbitration is much more informal than a trial. For example, the formal rules of evidence are not applicable in arbitration, and there is no jury. Unless the parties have a contract that says otherwise, the arbitrator's decision is not final and binding. However, once the there is an arbitration award, the contract can include language to make it binding.