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General

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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5 Landlord Protections When Negotiating Commercial Leases

To be enforceable, a commercial lease need only address the parties, the property, the rent to be paid and the duration of the lease. Otherwise, parties to commercial leases are accorded broad latitude in defining their rights and obligations.  Further, contrary to the myriad of restrictions on residential landlords in drafting and enforcing leases, Michigan…

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