SMALL BUSINESS ATTORNEY, PERSONALIZED REPRESENTATION, THOROUGH AND PROFESSIONAL
Attorney Kurt J. Kolar established his law office in July of 2000. Since
then, he has provided personalized, dedicated, and tenacious
representation to individuals and businesses in both transactional
matters and in litigation. The focus of Mr. Kolar's practice is the
provision of legal services to individuals and small businesses in
commercial matters to resolve and obtain adjudication of disputes in a
manner most advantageous to his clients.
The small business owner is inevitably faced with
the need to enter into a relationship with a landlord for the leasing of
space from which to operate his business. In a commercial lease, there
are issues that need to be resolved and defined which, if unattended to,
can result in extensive personal liability for the small business
owner. Mr. Kolar has negotiated numerous commercial leases and
represented both landlords and tenants in litigation involving
commercial leases post-termination. He has sufficient experience to be
able to distinguish between what is worth fighting over and what should
be compromised on. He further has sufficient experience with questions
of waiver and oral modification of commercial leases to advise both
landlords and tenants in managing landlord/tenant relations and in
representing the same in litigation.
All real estate is unique. The unique character
of real estate is recognized by the law, giving rise to certain rules
which give parties with competing interests in a particular parcel
certain rights and obligations. Mr. Kolar has represented clients
bringing causes of action to quiet title (seeking a court declaration
that competing interests in title are invalid), avoiding of fraudulent
conveyances (preventing judgment debtors from divesting themselves of
real estate to the detriment of their creditors), and specific
performance (seeking a court order compelling a party to convey a parcel
of real estate as provided by contract), among others. Those involved
in a dispute over real estate should consult an attorney knowledgeable
with such causes of action to protect their rights in relation thereto.
In the course of conducting business, disputes
can arise. Mr. Kolar has represented parties in a variety of situations
involving claims of breach of contract and other duties imposed by law,
including the following:
Sale of Goods: those engaged in the
sale of goods in commerce are subject to certain rules of law imposed by
the Uniform Commercial Code that impose rights and obligations not
necessarily contemplated by the parties to a particular contract. Mr.
Kolar has dealt with such disputes and is able to advise parties to such
contracts both prior to and in the course of litigation.
of Construction Contract: construction contractors are bound to perform
their obligations pursuant to contracts in a workmanlike manner.
Disputes can arise between property owners and contractors in the course
of the performance of construction contracts. Mr. Kolar has represented
parties on both sides of such disputes; mechanics lien claimants and
Failure to pay Wages/Commissions: employees and
sales representatives are protected by various statutes in Illinois
when their employers/principals fail to pay amounts due them pursuant to
contract. Mr. Kolar has brought claims on behalf of those who have been
denied compensation to which they are rightfully entitled and is
familiar with the full extent of protections afforded them under law.
Fraud: Statements made in the course of selling goods and services can
create obligations on behalf of business owners which, if not met, can
subject them to liabilities beyond the actual losses of the customer.
Mr. Kolar has represented both plaintiffs and defendants to actions
based on the Illinois Consumer Fraud and Deceptive Business Practices
Corporate/Partnership Dissolution: when partners in a
business, whether incorporated or not, reach an impasse, there are
methods of resolution of disputes provided by law which protect
shareholders and/or partners from being divested of their monetary
interests. Mr. Kolar has advised parties in such situations during the
course of business dissolutions.
Bad Faith Denial of Insurance
Claims: those who purchase insurance policies can be left at a
disadvantage when they are informed by the insurer that their claim is
being dishonored. Illinois law provides that insurers denying claims in
bad faith can be held responsible for punitive damages and the
attorney's fees of the insured. Mr. Kolar has brought such claims on
behalf of such parties.
person makes a statement, whether orally or in writing, that is false
and damaging to another?s reputation, the person whose reputation is
damaged has a right to compensation. Those rights, however, are limited
in various ways which restrict the ability to bring a cause of action
for defamation against third parties. Mr. Kolar has represented
plaintiffs in defamation action and has encountered various defenses
raised by defendants to such actions. He is able to advise those with
potential defamation claims of the value thereof and to represent them
in bringing those claims with merit against the defaming parties.
Rights and Collection of Judgments
The obtaining of a
judgment against a defendant is often the easy part of obtaining
satisfaction. Once obtaining a judgment, one needs to collect thereon;
the defendant doesn't automatically pay. There are methods available to
judgment creditors under the law to recover monies to satisfy judgments,
including citations to discover assets, wage deduction summonses,
non-wage garnishments, and the levying of real estate. Mr. Kolar has
employed each of these methods in one manner or another in obtaining
recovery of judgments for his clients and pursued judgment debtors
through bankruptcy proceedings in foreign jurisdictions.
The purchase and sale of any
business requires both the purchaser and seller to be mindful of certain
obligations, to each other, to third parties, and to the government.
Mr. Kolar has assisted both purchasers and sellers of businesses to
comply with all such obligations and to facilitate the sale of assets
without leaving loose ends.
interested in starting their own business need assistance in choosing
the right entity: S corporation, C corporation, limited liability
company, or partnership. Liability protection for the small business
owner is paramount, and certain requirements need to be complied with so
that such protection is not lost. Mr. Kolar has years of experience
advising those starting their own business as to the best entity for
them, along with providing all the necessary documents and making all
the necessary filings to ensure compliance with all legal and regulatory
requirements to maintain liability protection for the business owner.
Drafting and Review
In the course of his practice, Mr.
Kolar has encountered, negotiated, and drafted various forms of
contracts employed in business, including but not limited to patent
license agreements, commercial loan agreements, employment agreements,
agency agreements, and franchise agreements.
A former member of the Chicago theatre community and
continuing volunteer attorney for Lawyers for the Creative Arts, Mr.
Kolar has represented independent record labels, recording artists,
record producers, recording artist managers, independent film producers,
screenwriters, models, and actors in negotiating and litigating
recording artist agreements, artist investment agreements, management
agreements, record production agreements, and others. Mr. Kolar has
brought copyright infringement actions on behalf of those who have had
their intellectual property rights violated and helped artists protect
their interests in their art and their careers.
Mr. Kolar has several years experience representing both
creditors and debtors, both consumer and business, in bankruptcy court,
specializing in contested proceedings involving preferential transfers
and objections to discharge. He is able to represent both parties
seeking bankruptcy protection and creditors seeking to protect their
rights in bankruptcy proceedings.