Annual Notre Dame Tax and Estate Planning Institute

Again this year, Chuck Taunt attended the Annual Notre Dame Tax and Estate Planning Institute in South Bend, Indiana on October 27th, 28th, and 29th. This nationally recognized conference features presentations by experts from around the country on tax, estate planning, and administration.  Featured speakers this year included Catherine Hughes, Deputy Director of the of […]

Irrevocable Trusts and the Uniform Fraudulent Transfer Act

The establishment of an irrevocable trust may be subject to avoidance under the right – or wrong – circumstances.  Use of the term “irrevocable” does not make the trust immune to attacks from creditors. Under Michigan law, a creditor can avoid certain transfers within the last 6 years.  MCLA 566.31 et. seq.  The court looks […]

Extended Statute of Limitations Where IRS is a Creditor

Under Michigan law, a creditor – and a bankruptcy trustee by extension of the strong arm powers of 11 U.S.C. §544 – has a six year statute of limitations to avoid fraudulent transfers.  MCLA 566.31, et. seq. A Florida bankruptcy court held that a bankruptcy trustee could step into the shoes of the IRS as […]

Holding Back Trust Distributions During Bankruptcy

In general, a bequest, devise or inheritance received within 180 days after a bankruptcy is filed is considered property of the bankruptcy estate and can be liquidated by the chapter 7 trustee.  11 U.S.C. §541(a)(5). A Florida bankruptcy court analyzed whether a debtor in bankruptcy was entitled to a homestead exemption under Florida law in […]

Obi Launches

Obi™ launches! In addition to the two national political conventions, July witnessed the release of Obi™, an independent feeding device for persons suffering from paralysis and neuromuscular disease. Obi™ was invented by Jon Dekar, who was inspired by the experiences of his grandfather (who suffered from ALS/Lou Gehrigs Disease) and a young paraplegic girl whose parents […]

Referrals

We’ve always been pleased that most of our clients come to us through referrals from other clients or professionals with whom we work.  Recently we were pleased to receive such a referral from a prominent attorney.  When we wrote to thank him and confirm that his client had contacted us he replied: “Very glad to […]

Erika D. Hart and Charles J. Taunt

Attorneys Erika D. Hart and Charles J. Taunt recently attended the Institute of Continuing Legal Education that is co-sponsored by the State Bar of Michigan’s 56th Annual Estate Planning Institute.  This annual conference, an integral component of their continuing certification included training in the areas of specialized IRA Trusts, Income Tax Aspects of Family Businesses […]

Matthew P. Taunt

Matthew P. Taunt successfully resolved a case in the Oakland County Business Court on behalf of a large automotive supplier. Originally sued by a subcontractor, Matt filed a counterclaim for lost profits.  After a year of intense litigation involving multiple expert witnesses, the case was resolved by the abandonment of the original claim and (although […]

American Bankruptcy Institute Central States Workshop

Dean R. Nelson, Jr. of our firm recently was a speaker at the American Bankruptcy Institute (“ABI”) Central States Workshop held in Lake Geneva, Wisconsin June 16, 2016 – June 19, 2016.  Dean was one of 4 members of a panel that addressed ethical and professional responsibility issues for consumer attorneys in bankruptcy cases.   The […]

Litigation with Fringe Benefit Funds

Recent case law has supported this theory and Funds have responded by amending plan documents to provide that all unpaid fringe benefits funds are “plan assets” when due.   In order to find that an officer is a fiduciary, however, the officer must have notice.   We have successfully litigated this issue on behalf of corporate […]