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Tips on Document Management for Business

A Document Management Plan can help businesses manage both paper piles and electronic storage of documents.  While technology was supposed to be the answer to the mountains of paper that go along with managing a business, digital files can also pile up, with documents scattered among multiple departments and computers, as well as lurking in…

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Michigan’s Uniform Voidable Transfer Act

In Spring of 2018, Laura J. Eisele contributed to the Michigan Business Law Journal, Volume 38.  Laura wrote an Article titled “Understanding Standing of a Receiver to Bring Claims Under Michigan’s UVTA”.  The Uniform Voidable Transfers Act allows creditors to recover voidable transfers for both actual and constructive “fraud.” Read the article here.

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Understanding Confidentiality and Attorney-Client Privilege

Business owners who engage an attorney should understand confidentiality and privilege in the attorney-client relationship and take steps to ensure that matters they wish to keep confidential are not inadvertently disclosed to third parties.  It is often a misconception that all information disclosed to your attorney will be confidential.  This is not always the case.…

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Alternatives to Bankruptcy for Small Business

An owner of a business in financial distress may seek options to bankruptcy to liquidate or reorganize the business.   Non-bankruptcy alternatives for either restructuring or liquidation may be less costly and more efficient for the business owner.  Similarly, secured lenders seeking to foreclose on their collateral may find that non-bankruptcy alternatives provide the most cost-effective…

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Supreme Court adopts broad view of “actual fraud”

In a recent decision, the United States Supreme Court ruled that “fraudulent conveyance schemes” fall within the definition of “actual fraud” for non-dischargeability purposes under the Bankruptcy Code.  The Court overruled the Fifth Circuit which had held that a misrepresentation was a necessary element of “actual fraud.”  The Court held that “actual fraud” as it…

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