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Mazyar M. Hedayat Esq.

Mazyar M. Hedayat Esq.

M. Hedayat and Associates, P.C.
  • Bankruptcy, Business Law, Divorce...
  • Illinois
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Summary

Mazyar M. Hedayat is the principal of M. Hedayat & Associates, PC, a law firm that has represented Clients for nearly 20 years in the areas of commercial law and litigation, bankruptcy law and litigation, real property transactions and litigation, construction law and mechanics liens, corporate law, and more. After attending the University of Chicago and University of Michigan, Mr. Hedayat received his MBA from the U.M. Ross School of Business, and his J.D. from DePaul University College of Law. Mr. Hedayat is a title insurance agent and operated a full-service title company for 6 years. He has held Series 7 and 63 securities licenses, as well as Business Broker's certificate His current and former professional memberships include the Chicago Bar Association, the American Bankruptcy Institute, the American Bar Association, the Will County Bar Association, and DuPage County Bar Associations. While at the DCBA Mr. Hedayat chaired the bankruptcy, publication, and practice management committees, was Editor in Chief of the Bar Brief, and earned a Board of Directors Award. He has also earned various honors including Lawyer of the Year, Bankruptcy Lawyer of the Year, client-service awards. Mr. Hedayat has given CLE presentations concerning bankruptcy, electronic filing, business formation and management, construction, bonding, liens, tax deeds, title issues and other subjects. He has also written dozens of articles, and maintains two blogs. He can be reach on Twitter @mhalaw (bankruptcy law) and @practicehacker (practice management). He can also be found on LinkedIn and Facebook.

Practice Areas
  • Bankruptcy
  • Business Law
  • Divorce
  • Estate Planning
  • Foreclosure Defense
  • Probate
  • Real Estate Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Illinois
7th Circuit
Languages
  • English: Spoken, Written
  • Farsi: Spoken
Professional Experience
President
- Current
Principal
Law Office of Mazyar M. Hedayat
- Current
Education
University of Michigan - Ann Arbor
MBA / Finance, Corporate Strategy (2000)
DePaul University
J.D. / Law (1995)
University of Michigan - Ann Arbor
B.A. / Philosophy (1987)
Honors: With Distinction; Gold Key National Honors Society.
Awards
Lawyer of the Year
Legal Match
Bankruptcy Lawyer of the Year
Legal Match
Board of Directors Award
DuPage County Bar Association
Lawyer of the Year
Legal Match
Certificate of Appreciation
Independent Assoc. of Quetioned Document Examiners
Professional Associations
Illinois State Bar
Member
Current
American Bar Association
Member
Current
DuPage County Bar Association
Member
Current
Activities: Chair, Bankruptcy Law Committee; Chair, Business Law and Practice; Chair, Law Practice Management; Editor, DCBA Brief (Bar Journal); Member, Real Estate Committee; Court Advisory Cmtee., E-Filing.
Will County Bar Association
Member
Current
Activities: Member, Real Estaste Committee; Member, Civil Practice Committee.
National Business Institute
Member
Current
American Bankruptcy Institute
Member
Current
Speaking Engagements
Bankruptcy and Real Estate Seminars
Lorman Education Insitute
Legal Technology Show, Chicago, IL
American Bar Association
Technology Task Force Symposium
American Bar Association
Lawyers Serving Society Through Technology
American Bar Association
Bankruptcy And Real Estate
Will County Bar Association
Presenter, 2003 Mega-Seminar
DuPage County Bar Association
Websites & Blogs
Website
Mazyar M. Hedayat Website profile
Website
M. Hedayat & Associates Website
Blog
Illinois Business Litigator Blog
Legal Answers
14 Questions Answered

Q. My commercial property is owned by an LLC that we set up.
A: You ask if you should create a new limited liability company (LLC) to own and manage an out-of-state building (commercial?) that you recently acquired. There is no one "right" answer to this question, but I recommend you look into either the creation of a new LLC (it may have to be formed in the state in which the property is located) or, in the alternative, consider a "Series LLC" that can own numerous properties, each under its own entity. Many real estate investors with multiple properties use a Series LLC. In any event, I strongly recommend consultation with an Attorney in your area before making a final decision or taking further action. I hope this information was helpful. Best of luck.
Q. A sub-contractor is suing me in District Court and asking for attorney’s fees
A: Your question is too vague for a full answer. To begin with, you reference being sued in "District Court" - which is the name given to Federal Courts in Illinois. I suspect you mean that you are being sued in the Circuit Court for your County and your question is how to have the matter heard in the Small Claims division of the Court. The answer to that is you may move the Circuit Court to transfer the case. The Court would do so only if the case meets the requirements for a small claims dispute (less than $15,000 in damages, etc.). If there is a Mechanics Lien involved then the matter may not be transferrable to Small Claims at all. I recommend that you sit down with a competent Attorney and talk to him or her before moving forward. Best of luck.
Q. I sold my property on contract for deed in 2006 and in 2008 I took back my property he did not do what was in contract
A: You indicate that you sold a piece of Illinois real property via a Contract for Deed and that you took possession of the property in 2008 when the contractee (buyer) failed to follow through. Now, you say that the buyer's name is on the deed to the property but that he has passed away. This is unusual: generally, a contract for deed does not result in the buyer's name being placed on title until all payments have been made and the contract fulfilled. To evaluate what your options are at this point I recommend that you communicate with an Attorney in your area and provide a copy of the underlying Contract for Deed, as well as all related documents. I hope this information has been helpful. Best of luck.
Q. Question about wage garnishments/liens
A: As soon as you file your Bankruptcy case, all collection action stops. So whether this threat and ensuing motion is a "problem" depends on how soon you plan to file. That in turn depends on how soon you can afford to file; whether pro se (without counsel) or via an Attorney. In any event, the longer you remain outside of Bankruptcy the more damage can be done to your credit and assets, including the repossession of your vehicle, etc. I recommending acting as soon as possible and to take immediate action if possible. Best of luck.
Q. If someone sells a house on contract and there is a mortgage on the property who is responsible for repairs?
A: You ask if your daughter is responsible for repairs to the furnace of the home she is buying on contract. Given the limited information provided, it would appear that the contract (i.e. Articles of Agreement for Deed a/k/a Rent to Own) is not completed. If so then the home does not belong to your daughter yet. Unless the contract states otherwise, your daughter should not be responsible for the repair. If the contract does make her responsible for the item then she should take up the matter with the seller/lessor as the furnace would eventually be hers - she should make sure it is the right type and that it works properly. I hope this information was helpful. I recommend that you also have a local Attorney review the situation before moving forward. Best of luck.
Q. I need to know how to give a 3rd party access to a home I was selling on contact while I now live out of state.
A: You state that you are selling the house under a contract (i.e. Articles of Agreement for Deed a/k/a Lease to Own). The lessee/buyer has not followed through and now abandoned the property. You wish to know if there are any steps you should take before exercising control of the property. The Short Answer is that the underlying contract/lease should specify whether it is terminated automatically or if you need to take further steps to terminate the interest of the lessee/buyer. Chances are that you don't need to do anything other than exercise control over your property directly, or though an agent, but to be on the safe side I'd have an Illinois Attorney review the situation before taking action. I hope this information has been helpful. Best of luck.
Q. Is the landlord allowed to rent out an individual parking space in front of retail business to a semi truck?
A: You state that your landlord is renting out spots in front of your retail establishment and that you believe that action will have an affect on the viability of your business. You are located in Glenview (Cook County). Neither Cook County nor the Village of Glenview has specific prescriptions on this subject, so you must look to the Commercial Lease you signed and Illinois law to clarify your rights. Without having the lease I cannot guess if the Lessor's actions constitute a violation of its terms. As for Illinois law, you may be able to claim that Lessor's actions will impact (and have impacted) business, but that claim is speculative so it may not yet be actionable. I recommend sitting down with an Attorney in your area to have your lease reviewed and to communicate with the Lessor about your situation. I hope this information has been helpful. Best of luck.
Q. Went to Computer Systems Institute, IL. Did not receive both certs, job placement, etc. Do I have a suit against them?
A: If your educational institution obligated itself to give proper training and deliver job placement, but did neither, then yes, you have a case. Of course, it is highly unlikely that the educational institution would put such obligations in writing. It is far more likely that you would have to prove your case by presenting facts in a demand and perhaps eventually at trial. Even so, it would also not be a surprise if your institution attempted to settle after knowing you are serious - and that may ultimately be your best option. In any case, speak with an Attorney and find out more about your options. I hope this information was helpful. Best of luck.
Q. If a corporation dissolves, how are the warranty claims handled if customers have up to a 5-year guaranty on prod/serv?
A: A warranty is essentially an insurance policy, so you should find out if the issuer of the warranty actually has an insurance policy that you can take advantage of in the event you need follow up. In general, warranties can also be purchased - in fairness the dissolving company should purchase such a warrranty for you. I hope this information has been helpful. Best of luck.
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Contact & Map
M. Hedayat and Associates, P.C.
1211 W Lakeview Ct
Romeoville, IL 60446
USA
Telephone: (630) 378-2200
Fax: (630) 447-0067