Kolar Kurt

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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.

Real Estate 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.

Breach 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 property owners.

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.

Consumer 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 Act.

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.

When a 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.

Creditors' 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.

Business Purchase Transactions
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.

Those 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.

Contract 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.

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.