Monday, August 24, 2020

Two MSN Attorneys in the 27th Edition of The Best Lawyers in America

BIRMINGHAM, Ala. – Massey, Stotser & Nichols, PC, a law firm based in Birmingham, Alabama, has announced that two of its attorneys have been included in the 27th edition of The Best Lawyers in America. The Best Lawyers In America is a highly regarded peer-reviewed publication that has been highlighting the top private practicing attorneys in the US for more than 30 years.

Senior Partner Randy Nichols has been honored for his work in family law. He practices all aspects of family law litigation and appeals as well as mediates family law disputes. Born and raised in Virginia, he went to college at Duke University. He then went to law school at the University of Virginia School of Law. He moved to Alabama in 1986 to pursue a career in law.

Randy is a Certified Mediator for Appellate Courts. He has taught family law as an Adjunct Professor at the Cumberland School of Law and the Birmingham School of Law. In 2002 and again in 2019-20, he has served as president of the Alabama Chapter of the American Academy of Matrimonial Lawyers. He is a member of the Alabama State Bar Association and Birmingham Bar Association. He has been a partner at the firm for over 20 years.

Partner James A. Kee, Jr. has also been honored for his work in construction law. Mr. Kee’s practice is primarily in the area of civil litigation with an emphasis on insurance and corporate defense. He specializes in construction litigation (residential and commercial) and insurance coverage analysis/litigation as well as the defense of a variety of personal injury claims (product liability, construction accidents, automobile accidents, and premises liability). His litigation work includes significant state, federal, and appellate court practice.

Jim Kee graduated from Auburn University in 1981 with a Bachelor’s degree in Business Administration. He later graduated from the Cumberland School of Law at Samford University in 1985. He is a member of the Alabama State Bar Association. He has also held the Martindale Hubbell AV rating for 20 years. He is a member of or is associated with the Alabama Defense Lawyers Association, Defense Research Institute, Elite Lawyers of the South (ALM and Martindale), Alabama Super Lawyers (Construction/Insurance), and more.

We are so proud that Randy and Jim have been selected for this recognition. It is a true testament to their dedication to each of their practice areas and to making sure that our clients have the best representation,” said Rick Stotser, MSN Attorneys Senior Partner. “Their unwavering commitment to their clients is what has made them stand out year after year.”

Massey, Stotser & Nichols, PC, was founded in 1977 to provide legal services for individuals, families, and businesses in the Birmingham area. The firm offers representation in areas including business law, real estate law, mediation, insurance, construction, government, family law, estate planning, and probate. The firm’s team of Alabama trial and transactional attorneys has a broad range of knowledge and experience. In addition to its professional associations, the firm is also actively involved in supporting local organizations.

The Best Lawyers in America©, first published in 1983, has used a very strict peer-review process, consistently, to fulfill its core mission – to highlight the top legal talent in America. The scope and scale of the publication have dramatically grown over the past three decades. It continues to be a trusted and unbiased voice, respected by both clients and legal professionals all over the country. The 2021 Edition, which is also the 27th edition, is based on more than 8 million evaluations and recognizes just over 65,000 attorneys in 147 practice areas. It has been organized by state, city, and practice area for easy readability.

 

 


Two MSN Attorneys in the 27th Edition of The Best Lawyers in America posted first on https://www.msnattorneys.com

Wednesday, July 1, 2020

MSN Senior Partner Anne Lamkin Durward Is Appointed as Domestic Relations Circuit Judge in Alabama

BIRMINGHAM, Ala. – Massey, Stotser & Nichols, PC, is pleased to announce that Anne Lamkin Durward, a Senior Partner at the firm, has been appointed by Governor Kay Ivey to serve as a Domestic Relations Circuit Court Judge in Jefferson County, Alabama. Ms. Durward is honored to have been appointed to this position and looks forward to serving the citizens of Jefferson County.

Anne Lamkin Durward is from Birmingham, Alabama, and she attended Washington & Lee University in Lexington, Virginia. After that, she returned to Birmingham to obtain her law degree from Samford University’s Cumberland School of Law in 1995. She continues to serve as a coach for the National Moot Court Team of the Cumberland School of Law. Throughout her career, she has been involved in numerous organizations, including as a Fellow in the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers. She also has served on the board of several organizations and she has been very active in the legal community and Birmingham Bar Association.

MSN was established in 1977 to offer legal services to individuals, businesses, and families in the Birmingham area. The team of Alabama trial and transactional lawyers at MSN have a wide range of knowledge and experience. They cover many practice areas, including real estate law, business law, insurance, mediation, family law, government, construction, estate planning, and probate.

Senior Partner Randy Nichols has this to say about Anne Lamkin Durward’s appointment as a Domestic Relations Circuit Court Judge, “We know Anne will serve with distinction and wish her the absolute best in this new chapter of her distinguished career. No doubt she will perform well in her role as domestic relations circuit court judge. Our firm will miss Anne immensely, but the people of Jefferson County will benefit greatly.”

Those who wish to learn more about Massey, Stotser & Nichols, PC and the various legal services the firm provides can find more information on its website.

About Massey, Stotser & Nichols, PC:

Founded in 1977, Massey, Stotser & Nichols provides legal services for individuals, families, and businesses in the Birmingham area. The firm’s team of Alabama trial and transactional attorneys has a comprehensive range of experience and knowledge. Covering many issues in the legal arena, the firm offers representation in areas including business law, real estate law, mediation, insurance, construction, government, family law, estate planning, and probate.

 


MSN Senior Partner Anne Lamkin Durward Is Appointed as Domestic Relations Circuit Judge in Alabama posted first on https://www.msnattorneys.com

Thursday, April 2, 2020

COVID-19 and Business Interruption Coverage

The restrictions put in place to halt the spread of COVID-19 including social distancing, stay-at-home orders, and quarantines are critically impacting businesses.  MSN is currently reviewing insurance policies for businesses who may have suffered financial losses due to business interruption caused by the coronavirus (COVID-19) and those that have been ordered to suspend operations by their local or state government.  Business interruption coverage is often included as part of a company’s business insurance package issued to businesses such as Business Owners Policies (known as ‘BOP’ policies). These Business Owners’ Policies typically also provide general liability coverage, commercial property damage coverage and business interruption coverage.  Additionally, most policies also provide coverage for losses due to governmental action or governmental shutdown. This coverage could extend to business closures, cancellations or inability to conduct normal business due to actions taken by governmental authorities. Every potential case depends on the language of the individual policy and all businesses suffering losses should be aware that coverage may be possible and we are available to assist you in reviewing your policy for coverage.

Additionally, the State of Alabama Department of Insurance issued an Order on March 30, 2020 recommending insurers to work with policyholders on cancellations as a result of the COVID-19 pandemic.

This Order states in part:

  • In light of current circumstances, the Alabama Commissioner of Insurance hereby recommends insurers consider the following actions for applicable policies in force as of March 13, 2020;
  • Relaxing due dates for premium payments,
  • Extending grace periods,
  • Waiving late fees and penalties,
  • Allowing premium payment plans which will avoid a lapse in coverage,
  • Expanding automobile coverage to allow personal vehicles to be covered while delivering food, medicine or other essential services for commercial purposes

If you are suffering business losses due to governmental closures, supply chain disruptions or illnesses related to the coronavirus, we are here to help by reviewing your insurance policy and in evaluating any potential claim.  Please contact us anytime.

 


COVID-19 and Business Interruption Coverage posted first on https://www.msnattorneys.com

Wednesday, April 1, 2020

Real Estate Closings During Covid-19

Massey, Stotser, & Nichols P.C. understands the current requirement and desire to remain in compliance with all current directives regarding the need for social distancing. In accordance with this, MSN is able to provide the option of a drive-up closing or video conferencing in our real estate closings. We look forward to working with all of our partners to provide the highest level of service to the community. Please contact us if you have any questions as to how we can assist you now and in the future.

For all amounts owed over $5,000.00 at closing, our office requires a wire transfer of funds. Please contact us for our wiring instructions if you are required to bring more than $5,000.00 for closing.

VERIFY WIRING INSTRUCTIONS BY CALLING (205) 838-9000

These Wire Instructions will not change. We are not responsible for misdirected funds.

IF YOU RECEIVE NEW WIRING INSTRUCTIONS ON THIS CLOSING, PLEASE NOTIFY ME IMMEDIATELY BY PHONE TO CONFIRM. OUR LAW FIRM DOES NOT ALTER ITS WIRING INSTRUCTIONS AND OUR WIRING INSTRUCTIONS ARE ONLY SENT THROUGH OUR SECURE EMAIL SYSTEM.

We appreciate your continued trust in our firm and we are grateful for your partnership through this growing global challenge.

Be safe, stay well, and know that we are here for you.

 

Sincerely,

Chesley P. Payne, Attorney

Direct:  205-838-9008

Facsimile:  205-838-9028

Main:  205-838-9000

Email: cpayne@msnattorneys.com

 

 

 


Real Estate Closings During Covid-19 posted first on https://www.msnattorneys.com

Tuesday, March 24, 2020

Small Business Coronavirus (COVID-19) Disaster Relief Assistance Loans

Here at Massey, Stoster & Nichols, PC, we understand how many small businesses and non-profits have been financially impacted by the Coronavirus (COVID-19) disaster and are here to help provide information and resources available to such small businesses and non-profits. We know you may have several questions involving COVID-19. That is why our attorneys have compiled the below information related to disaster relief assistance loans available to many small businesses and non-profits in Alabama.

SBA Disaster Relief Loan Basics

In response to the Coronavirus (COVID-19) outbreak, the federal government and many states, including Alabama, have developed paths towards economic relief for small businesses. On March 12, 2020, the U.S. Small Business Administration (SBA) announced that it will be offering federal disaster loans for working capital to small businesses that have sustained impacted substantial economic injury as a result of the coronavirus (COVID-19). Because small businesses makeup the backbone of Alabama’s economy, Governor Kay Ivey has announced that Federal disaster loans will be available to small businesses and nonprofits in Alabama. 

  1. Does Your Business or Nonprofit Qualify for a SBA Economic Injury Disaster Loan?

In response to the Coronavirus (COVID-19) outbreak, the SBA has made Economic Injury Disaster Loans (“EID Loans”) available for qualifying businesses that have suffered economic injury as a result of the epidemic. Small businesses suffering from the economic downturn caused by the coronavirus outbreak can apply for Economic Injury Disaster Loans (EIDLs) to meet outstanding expenses and obligations. Both small businesses and nonprofits can apply for the loans.

If you own a small business, small agriculture cooperative, small aquaculture business or a private non-profit organization that has been directly or indirectly affected by the disaster, you may be eligible to apply for an EID Loan.

Before being approved for an EID Loan, the SBA will consider whether the following criteria:

  1. Credit History – The SBA will consider whether your small business or non-profit has an acceptable credit history.
  • Repayment – The SBA must determine that your small business or non-profit has the ability to repay the EID loan.
  • Eligibility – Your small business or non-profit must be physically located in a declared county and suffered working capital losses due to the declared disaster. 
  • What Are the Terms of the SBA’s Economic Injury Disaster Loans?

The SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance and can be paid over as much as 30 years, according to the federal Small Business Association (SBA). SBA says the payment rate is 3.75% for small businesses and 2.75% for nonprofits.

The loans can be used to pay fixed debts, payroll, accounts payable and other expenses that are difficult to pay during the coronavirus outbreak. Eligible small businesses and non-profits make also use the loan funds to pay other bills that could have been paid had the Coronavirus (COVID-19) disaster not occurred.

            Small businesses and non-profits will only have to offer up collateral if borrowing over $25,000.00. The SBA will not decline a loan for lack of collateral, but does require borrowers to pledge what is available. Applicants can have an existing SBA Disaster Loan and still qualify for an EIDL for this disaster, but the loans cannot be consolidated. There is no cost to apply. There is no obligation to take the loan if offered.

  • How To Apply for a SBA Economic Injury Disaster Loan.

Applicants do not go through a bank to apply. Instead apply directly to SBA’s Disaster Assistance Program. Although paper applications and forms are acceptable, filing electronically is easier, faster, and more accurate.

Applicants may apply online using the Electronic Loan Application (ELA) via SBA’s secure website at https://disasterloan.sba.gov/ela.

Paper loan applications can be downloaded from www.sba.gov/disaster. Completed applications should be mailed to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

      The documents required when submitting an application are:

  1. Completed SBA loan application (SBA Form 5 or 5C). 

  • Tax Information Authorization (IRS Form 4506T) 
for the applicant, principals and affiliates. 

  • Complete copies of the most recent Federal Income Tax Return. 

  • Schedule of Liabilities (SBA Form 2202). 

  • Personal Financial Statement (SBA Form 413). 


Other information that may be requested:

  1. Complete copy, including all schedules, of the most recent Federal income tax return for principals, general partners or managing member, and affiliates (see filing requirements for more information). 

  • If the most recent Federal income tax return has not been filed, a year-end profit-and-loss statement and balance sheet for that tax year.
  • A current year-to-date profit-and-loss statement.
  • Additional Filing Requirements (SBA Form 1368) providing monthly sales 
figures. 


Birmingham Strong Small Business Loan Basics

            In addition to the SBA Economic Injury Disaster Loan, small business owners in Birmingham have another opportunity to receive an emergency loan through Birmingham Strong.

Birmingham Strong is a loan fund for those facing layoffs or other major financial burdens from Coronavirus (COVID-19) related closures. 

The loan fund is operated by the Community Foundation of Greater Birmingham. The Birmingham City Council approved $1 million for the loan fund. An additional $200,000 from Birmingham’s Office of Innovation and Economic Opportunity is expected to be approved for the fund.

  1. Does Your Business Qualify for a Birmingham Strong Small Business Loan?

Licensed for-profit businesses with fewer than 50 employees within the Birmingham city limits that have been operating for at least one year are eligible for the Birmingham Strong Small Business Loan.

The Birmingham Strong Small Business Loan must be used to in payroll or to avoid staff cuts, maintaining business operations or funding a business model reconfiguration in response to COVID-19.

Applicants will be judged on certain criteria, including:

  1. the business impact on neighborhood and community;
  • the adaptability, innovation and responsiveness to COVID-19;
  • on fiscal strength and operational stability;
  • on historic contributions to the City of Birmingham as an employer and business; and
  • on the ability to maintain operations and make payroll while limiting staff reductions.
  • What Are the Terms of the Birmingham Strong Small Business Loan?

Loans of $10,000 to $25,000 are available under the Birmingham Strong Small Business Loan. Four loan sizes: one $25,000, $20,000, $15,000, or $10,000 per business. The loans are interest-free for 180 days. After that, a 24-month payment plan begins. 

The repayment structure of the Birmingham Strong Small Business Loan is as follows:

  • $25,000: 3% interest after 180 days
  • $20,000: 3.5% interest after 180 days 
  • $15,000: 4.0% interest after 180 days
  • $10,000: 5.0% interest after 180 days
  • How To Apply for a Birmingham Strong Small Business Loan.

Applicants need to apply at www.bhamstrong.com. The deadline for the first round of applications is 11:59 PM CDT March 27. Businesses will be notified on April 3 if their loan application was approved or rejected. Loan documents will be signed and checks disbursed from April 6 to 15.

The documents required when submitting an application are:

  • A written application;
  • For Guarantors: (anyone with 20% or more ownership of the business)
    • Copy of driver’s license 
    • Personal financial statement
    • Most recent Federal tax return
  • For the Businesses
    • Federal tax returns for the past two years (unless the business is only one year old)
    • 12/31/2019 Year-end financial statements (balance sheet and income statement)
    • Interim financial statements dated within the last 90 days
    • Supporting documents to statement of need outlined in the application
    • Copy of 2019 Birmingham Business License
    • Current bank statement

Need Additional Help?

            We at Massey, Stotser & Nichols understand that this can be a crazy time and we are here to keep you informed and up-to-date on the latest laws and resources surrounding the Coronavirus (COVID-19) disaster.

In addition to helping you and your small business and/or non-profit with applying for a disaster loan, we have talented attorneys that can also help and advise you regarding all of your needs during this time. If you have any questions regarding COVID-19 and your obligations as an employer, please do not hesitate to contact us.


Small Business Coronavirus (COVID-19) Disaster Relief Assistance Loans posted first on https://www.msnattorneys.com

Tuesday, March 17, 2020

To Our Massey, Stotser & Nichols Clients, Friends, and Colleagues:

Our primary concern is the safety and well-being of our clients and staff. In light of the continuing spread of Covid-19 and the associated risks, Massey, Stotser & Nichols is following the recommendations of the CDC and has shifted to virtual engagements and working remotely for the foreseeable future. Our attorneys and staff are prepared […]

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To Our Massey, Stotser & Nichols Clients, Friends, and Colleagues: posted first on https://www.msnattorneys.com

Friday, November 22, 2019

Anne Lamkin Durward Elected American Academy Of Matrimonial Lawyers Foundation President For 2019-2021

BIRMINGHAM, Ala. – Massey, Stotser & Nichols, PC, is pleased to announce that Anne Lamkin Durward, a Senior Partner at the firm, has been made President-elect for the term of office for 2019-2021 for the American Academy of Matrimonial Lawyers Foundation. The American Academy of Matrimonial Lawyers Foundation is a charitable organization that provides grants […]

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