business and corporate practice

Hoeppner Wagner & Evans has counseled a variety of privately-held corporations, family businesses and entrepreneurs on issues related to operations, sales and marketing matters, including foreign trade and e-commerce.

Examples of our work in this area include:

Business Start-up/Entity Formation. The attorneys in our business practice group are highly experienced in assisting new businesses in choosing the right type of entity that considers tax and business growth perspectives. We provide a full complement of entity formation services, including drafting and filing the appropriate documents, as well as overseeing the maintenance of company records and registrations. We also work with established businesses seeking to create new business lines or ventures by providing advice on appropriate entity structure or drafting transactional documents.

Company Counsel Services. We serve as company counsel to a number of privately- held or family-owned business enterprises, which are both U.S. and foreign owned. Examples include:

Manufacturers. We counsel a number of area manufacturing companies on a variety of operational, sales and marketing matters. Our counsel has included addressing private capital or bank financing, real estate and property tax matters, employment relations, corporate tax and tax-deferred exchanges, shareholder and officer issues, contracts, and purchase or distribution issues.

Construction. We represent many different companies involved in the construction industry, including developers, builders, excavators, concrete suppliers and masonry professionals.

Private Educational Institution. We are outside counsel to a large private university and handle a variety of claims and issues related to employment and tenure, real estate, charitable giving, student discipline, human rights and union organizing campaign matters.

Acquisition/Sale. Our firm has been involved in a multitude of business purchases and sales agreements, ranging from the purchase of smaller businesses to our sale of the world's largest non-packer buyer and seller of livestock. Our work in this area has included creating and negotiating asset purchases, stock purchase agreements, as well as like-kind exchanges.

Banking and Financing. We are also called upon by borrowers, as well as lenders, for representation in business acquisition, sale, line of credit and loan matters. For our small business clients, we have counseled them on the necessary documentation and application information relating to federally funded Small Business Association (SBA) loans. Our firm serves as counsel to several banks located in Northwest Indiana. The counsel we provide involves general corporate counseling, as well as issue-specific projects, including preparing documents for commercial loans in the $4 million to $20 million range.

Foreign Trade. Our attorneys have counseled clients on matters concerning a variety of import/export issues including those involving contracts, financing, distribution and duties/taxation.

E-Commerce. As many of our clients' businesses have expanded to embrace the distribution reach provided by the Internet, our lawyers have been called upon to address a variety of contract, tax, licensing, and litigation matters.

Bankruptcy and Workouts. Our work in this area has included the representation of financial institutions and major debtors in Chapter 7, 11, and 13 bankruptcy filings. We have also represented area banking institutions in mortgage foreclosure matters, which in some cases have also led to bankruptcy filings. While, unfortunately, many companies forced to declare bankruptcy cannot be saved, we have been able to assist in the reorganization of a number of area companies including:

Real Estate Partnership Reorganization. We represented a financial institution in a bankruptcy matter involving a Single Asset Real Estate (SARE) entity that owned a 500+ unit rental apartment complex with a market value exceeding $28 million. We assisted the bank in facilitating a successful reorganization of the partnership entity.

Heating/Air Conditioning Business Workout. We represented the owners of a commercial heating and air conditioning business who were forced into bankruptcy by union organizing efforts. By initiating partial liquidation to pay down the debt owed to its bank and other major creditors, we were able to successfully reorganize the business.

Refinance. Our work on behalf of the mortgage company division of a large New York-based securities company has involved us in a number of large-scale refinance projects for nursing homes, hotels and storage facilities.