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Conversion – You Think You Know it all, but Then You Don’t

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Proper documentation of personal property sales the best defense to a claim of conversion Continue Reading ›

Tags: Commercial Liability, Commercial Real Estate

'Plus Loan' Proceeds Should not be Subject of Bankruptcy Trustee Avoidance Claims

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Bankruptcy court rules trustees can’t claw back, as fraudulent transfers, Plus Loans taken by parents for a child’s education. Continue Reading ›

Tags: Bankruptcy, Clawback, Department of Education (DOE)

Deadlines Matter, so Don’t Wait When Served With Summons and Complaint

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Litigation defaults difficult to set aside, easy to avoid with an attorney’s assistance. Continue Reading ›

Tags: Business Risk Management, Business Torts, Commercial Liability

Be Careful not to Waive Arbitration After Requesting it in Your Contracts

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Strategic advantage may be gained in contract disputes by deciding early whether to pursue arbitration. Continue Reading ›

Tags: Business Risk Management, Business Torts, Commercial Liability, Contracts

Exactly Who is Covered by an Arbitration Clause… and for What?

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Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.   Continue Reading ›

Tags: Alternative Dispute Resolution (ADR), Commercial Liability, Contracts

Piercing the Corporate Veil: A New Collection Tool to Enforce Judgments Against Corporate Entities?

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Collection attorneys can now pierce the corporate veil, post judgment, when the corporate form is abused by individuals seeking to avoid legally paying obligations resulting from litigation. Continue Reading ›

Tags: Commercial Liability

Collecting Debt After Bankruptcy? An Ounce of Clarity in the FDCPA-Bankruptcy Quagmire

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Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy.  Continue Reading ›

Tags: Bankruptcy, Commercial Liability, Commercial Loans, Commercial Real Estate, Fair Debt Collection Practices Act
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