Delaware Business and Bankruptcy Litigation Lawyer

The Firm’s founder, James Tobia, has been practicing Delaware law for more than twenty years. Not only does Mr. Tobia bring a wealth of knowledge and legal know-how to every representation, his experience provides a certain wisdom and pragmatic approach to his legal practice. Having represented clients from different walks of life, different financial realities gives Mr. Tobia a unique perspective on what clients need and want out of his representation. Don’t be surprised if Mr. Tobia asks you what you really wish to achieve by hiring him. It seems like a simple question, but clients frequently struggle to answer.

Mr. Tobia has almost a quarter of a century of legal experience representing business and individual clients, ranging from Fortune 500 corporations to start-up enterprises to individual clients throughout Delaware, the United States and abroad.

Our office is conveniently located in Wilmington, Delaware. Delaware is the frequent home of choice for corporate and business formation but we frequently represent clients from throughout the United States. Consequently, Delaware remains at the forefront of corporate, business, and bankruptcy litigation.

We are something of a boutique firm, specializing in several areas of practice. Mr. Tobia represents clients with a variety of legal needs, including:

• Defense of preference and fraudulent transfer clawback suits in commercial bankruptcies;
• Business disputes, including commercial and business litigation and equally important negotiations to avoid litigation;
• Corporate, commercial and business transactions, including business formation;
• Delaware counsel to out of state clients and/or their primary counsel to defend Bankruptcy preference avoidance actions;
• Delaware counsel to out of state clients and/or their primary counsel needing relief from the automatic stay imposed by 11 U.S. Code § 362, from the United States Bankruptcy Court in order to pursue or continue state court litigation, such as personal injury or wrongful death, in their home state seeking to collect available insurance proceeds;
• Delaware counsel to out of state clients and their primary counsel for defense of other business litigation;
• Representation of creditors in commercial bankruptcies;
• Family law consultations and a la carte services – divorce, custody, support and other domestic relations or family law;
• Other Consultations; and
• Alternative dispute resolution.

We strive to represent our business clients at every stage of commercial existence: Advising you how best to structure your business, assisting you in forming your business, providing general counsel services, protecting your personal assets from liability related to the conduct of your business and limiting the business’s potential liability. If something goes wrong and litigation is unavoidable, we will represent your interests fully in litigation through the courts or through alternative dispute resolution.

We want to be there for you in your personal life as well. If you have a dispute with your neighbor or your business partners, we can help. Unfortunately, many marriages have tough moments. If that occurs and you need advice and assistance with domestic or family legal matters, we will represent you in a responsible way to protect your financial and parental rights while minimizing the understandable pain and difficulty such situations create.

Mr. Tobia has seen the effects of litigation enough to want our clients to avoid litigation when they can. Mr. Tobia is trained and certified by both the Superior Court and Family Court to mediate disputes.

We know when to negotiate or mediate and when to go to the mats and fight through the courts. We understand and never ignore that costs are important to all of your decision making.

Example of the clients we frequently represent include:

• Individuals and businesses that worked closely with a company that has now filed for bankruptcy protection. These clients often have many needs, including that they may be owed money by the bankrupt Debtor, they may have contracts or leases implicated by the Bankruptcy, and they may be sued by the Debtor eventually. That’s right, your significant client has gone out of business, your bills have not been paid in full, and eventually they are going to sue you to try to recover the partial payments you did receive!
• Out of state businesses and individuals, through their primary and often long time home-state lawyers, providing Delaware counsel services to partner with that out of state counsel, providing access to the Delaware courts.
• Out of state individuals who suffered personal injury in dealings with a company that has now filed for bankruptcy protection and need help getting permission to seek recovery against available insurance policies.
• Individuals and small businesses needing assistance with contracts and small business transactions, including formation.
• Family law clients who want to understand their rights and the legal process. Frequently, we represent clients who are trying to work things out with their spouse or former spouse and the client needs to understand what will happen if they cannot or need some information in order to evaluate an offer made by the opposing party.

For more information, contact The Law Office of James Tobia, LLC today to schedule a consultation and to discuss representation, including payment options, by email to: info@tobialaw.com or by calling the firm’s Wilmington offices directly at (302) 655-5303.