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Practice Areas
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As an informed consumer of legal services, you need to be sure that the firm you select is in fact qualified to handle the matter at hand. Here at Ely & Smith we have dedicated our careers to protecting the rights of others and developed a well-respected reputation in the following areas - click on individual items for details, or click "show all" to view all at the same time.
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AREAS OF PRACTICE
Bankruptcy
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At the core of our nations bankruptcy laws is the belief that honest, financially strapped citizens should be given the opportunity for a fresh start in life. Bankruptcy holds out a promise to the debtor of a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt. We bring experience, skill and resourcefulness to the highly complex area of bankruptcy law. Our firm has the capacity and flexibility to handle every type of bankruptcy proceeding, though we focus our attention on Chapter 7 and Chapter 13, personal and business bankruptcies. Our bankruptcy areas of practice include:
Representation of creditors &
businesses in bankruptcy litigation
(e.g. Relief from Stay Motions &
preference actions)
Chapter 11 reorganizations
Debt Restructuring and Workout plans
Lease and Contract Litigation
Debtor-in-possession financing
Asset sales
Automatic stay litigation
Involuntary petitions
Both Chapter 7 and Chapter 13 Bankruptcies provide a fresh start. Contrary to popular belief, bankruptcy does not often ruin your credit. Rather, if you are considering bankruptcy as an option, your credit has probably already been affected due to the fact that your debt exceeds your income, regardless of whether you make every monthly payment on time. If you find that you are ineligible for additional credit cards or the only loans you qualify for are those with extraordinarily high interest rates, your credit rating is already severely affected. Bankruptcy lets you start over and rebuild your credit rating. Visit our Frequently Asked Question page for more information.
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AREAS OF PRACTICE
Debtor-Creditor Law
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We represent debtors, creditors and other interested parties in debtor-creditor court proceedings and in out-of-court, workouts. Ely & Smith handle debtor-creditor litigation in a wide range of contexts, including but not limited to:
Collection litigation
Judgment enforcement
Workouts
Garnishments
Repossessions
Our firm takes a practical approach to debtor-creditor law, recognizing the cost and risk of litigation, and the significant value of a speedy resolution of disputes. We begin with a thorough review of the loan, sale, or lease transaction involved, analyzing credit and collateral risks, the possibility of counterclaims, defenses, and the likelihood of a timely and cost effective litigation remedy. We then develop and implement a litigation strategy, while simultaneously pursuing reasonable settlements. We believe that our approach of pursuing both litigation and appropriate negotiation strategies maximizes benefits to clients, while reducing both legal expenses and litigations risks.
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AREAS OF PRACTICE
Personal Injury
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Ely & Smith represent individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness or recklessness of others. We handle a variety of serious personal injury and wrongful death cases involving:
Joint, Spinal Cord, Neck &
Back Injuries
Traumatic Brain Injuries
Closed Head Injuries
Drug Overdoes Injuries
Seizure Disorders
Fractures and Dislocations
Reflex Sympathetic Dystrophy
Brain Damage, Severe Burns
& Amputations
Other Severe, Permanent &
Crippling Injuries
Typical cases involve injuries caused by the negligence, carelessness and recklessness of others in situations such as:
Car Accidents
Motorcycle Accidents
Bicycle Accidents
Semi-Truck &
Tractor Trailer Crashes
Pedestrian Accidents
Construction Accidents
Workplace Accidents
Fires and Explosions
Slip and Falls
Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills, and stress placed upon families and loved ones. We often take our physical and mental well being for granted - until something goes wrong.
At Ely & Smith, we understand that when an accident happens, lives are forever changed. Simple pleasures become chores. Daily routines are disrupted. Economic losses are often devastating. Whether caused by an automobile accident, slip and fall, or other negligent, careless or reckless conduct - injuries alter lives forever. Our attorneys assume the responsibility for providing effective, aggressive investigation and representation, thereby allowing our injured clients to attend to personal matters in the hopes of moving on.
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AREAS OF PRACTICE
Workers Compensation
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Workers Compensation is a benefit that is available to nearly all employees in Pennsylvania who suffer an injury that arose out of and in the course of their employment. Work related injuries typically covered by workers compensation include:
Neck, back and knee injuries
Carpal tunnel, repetitive trauma injuries
Hearing problems
Work-related emotional problems
Work-induced heart attack or stroke
Occupational disease success as asbestosis &
dermatitis; disfigurement and scarring of
fact, neck or hands
Asthma or other work related
pulmonary conditions
Loss of use of limbs
Eye injuries
When you are hurt while performing your duties as an employee there is a specialized area of legislation that governs from whom and how much you can recover. This differs from other types of injuries. We are devoted to assisting our clients in working through this complicated area of law in order to receive a fair settlement from all possible sources. The issues that arise most often in these matters are:
Whether you were an employee at the time
of the injury?
Was the injury received while you were
on the job?
Was there an injury?
What benefits are you entitled to?
Was the injury permanent?
Are you entitled to a settlement?
Should you accept a settlement?
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AREAS OF PRACTICE
Motor Vehicle Accidents
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While motor vehicle accidents comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are simple to resolve. We understand not just the rules of the road and the special duties imposed on commercial and public carriers, but also the complex scientific and engineering principles often necessary to unravel just how an accident occurred on the roadways of Pennsylvania and who, if anyone was at fault. Ely & Smith handles accident cases involving:
Rear end collisions
Intersection accidents
Alcohol related crashes
Hit and run
Passenger injuries
Driver injuries
Motorcycle accidents
Semi-truck and tractor-trailer crashes
Pedestrian accidents
Bicycle accidents
Whatever the practical or legal issues that arise out of a motor vehicle accident, we are prepared to address them in order to met and exceed client objectives and goals.
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AREAS OF PRACTICE
Social Security Disability
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If you or a family member suffer from an injury or disease that prevents you from working or is expected to prevent you from working for one year or longer, then you may be entitled to Social Security Disability benefits. The Social Security Administration (SSA) is a federal agency that administers retirement and disability benefits. The Social Security Administration (SSA) defines a disability as the inability to engage in substantial gainful activity (SGA) due to an impairment or combination of impairments. To be considered disabled, a person must ordinarily establish that he or she cannot perform his or her past work and also must establish an inability to perform other types of employment. The Social Security system provides benefits for the disabled under two separate but related programs: Social Security Disability Insurance (DIB) and Supplemental Security Income (SSI).
To get disability benefits from Social Security, you must apply. How much a person receives as a benefit depends on his or her work history, resources, and other available income. We have substantial experience obtaining Social Security benefits on behalf of our disabled clients and their families. Due to our experience, we are able to efficiently guide you through the overwhelming maze of regulation and red tape that characterizes the application process. If you have been denied benefits by the Social Security Administration (SSA) or are simply considering whether you should apply, please contact the lawyers at Ely & Smith today.
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AREAS OF PRACTICE
Estate Planning
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Many people avoid proper estate planning because they do not like thinking about death. Estate Planning is generally considered the process by which people develop a plan that ensures that the assets they have worked so hard to accumulate during their lifetime are protected and distributed to those they love. Without proper estate planning, the Internal Revenue Service (IRS) stands to inherit a large portion of your assets. Fortunately, its not too late to write the IRS out of your will. We can help you implement a variety of advanced tax strategies to keep your assets out of the hands of the IRS. Our expertise includes:
Wills
Trusts
Private Annuities
Power of Attorney
Medical Power of Attorney
Guardianships
Living Wills
Living Trusts
Life Insurance Trusts
Educational Trusts
Bypass Trusts
Charitable Trusts
Insurance Planning
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AREAS OF PRACTICE
Probate Administration
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Probate is the legal process that takes place after someone dies. It often involves:
Proving in court that a deceased
persons will is valid
Identifying and inventorying the
deceased persons property
Having the property appraised
Paying debts and taxes
Distributing the remaining property
as the will directs
Ely & Smith represent beneficiaries and fiduciaries, including executors, trustees, conservators, and guardians, in the following areas:
Accounting Actions
Claims Against Fiduciaries
Trust Contests and Reformation
Will Contests
Will and Trust Construction and Litigation
We take special care during these difficult times to represent families with caring and compassionate counsel, guidance and direction. Our firm is well aware of the stress that legal proceedings often times add to a difficult situation and we strive to complete the formal process as quickly as possible while maintaining an eye towards the expressed goals of clients. Experience enables us to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future.
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AREAS OF PRACTICE
Real Estate
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Real estate developers, investors, buyers and sellers come to Ely & Smith for our business approach to real estate transactions and understanding of their needs. They stay with us because of the personal care and attention to detail that we apply to every case. We represent clients in all types of commercial and residential real estate projects. Clients include both sophisticated real estate players and relative newcomers, and we tailor our services to buyers and sellers accordingly. Our services encompass:
Buying and Selling
Commercial and Retail Leasing
Construction Law
Contract Negotiation and Drafting
Conveyances
Financial Workouts
Foreclosures
Landlord-Tenant
Land Use and Development
Leasing
Mortgages
Title Issues
Zoning
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AREAS OF PRACTICE
Business and Commercial Law
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Whether building or acquiring facilities or equipment, contemplating business mergers or acquisitions, contracting for the purchase or sale of goods and services, developing policies, procedures, plans and agreements concerning employees and independent contractors, or simply attempting to comply with the constantly-growing array of rules, regulations, codes, ordinances, statutes and laws affecting Pennsylvania businesses, we deliver solutions for our business and corporate clients. At Ely & Smith, we have litigated, arbitrated and mediated a wide range of corporate, commercial and other business disputes throughout Pennsylvania, including:
Business & commercial litigation
Consumer protection
Contracts & commercial transactions
Corporate, shareholder & partnership duties
Covenants not to compete
Director and officer liability
Insurance coverage & claims litigation
Landlord - tenant
Leases
Licensing
Mergers & acquisitions
Real estate
Trade secrets
In addition to business and commercial litigation, we are also experienced in all forms of Alternative Dispute Resolution (ADR), including arbitration, mediation, neutral evaluation, and other methods approved or encouraged by a court.
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AREAS OF PRACTICE
Business Organizations
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The form of entity selected for the conduct of a business greatly impacts the daily operations of the business and the income tax consequences to both the business and its owners. We assist business clients and entrepreneurs with this step of a businesses formation by reviewing the goals and individual facts present in each situation to recommend the best entity-selecting from limited partnerships, general partnerships, limited liability companies, corporations, nonprofits and the different elections or options available under each format. We provide clients with effective legal advice about:
Business formation
Business succession planning
Corporate, shareholder,
& partnership disputes
Director and officer liability
Dissolution
Entity Formation
Franchising
Insurance
Incorporations
Mergers and acquisitions
Partnerships
Reorganization
Restructuring
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