Family Farmer Relief Act:  This Act increases the debt cap for a Family Farmer from $4,411,400 to $10,000,000 under Chapter 12 of the Bankruptcy Code.  This is an important change because farm size and debt load has dramatically increased since 1986 when Chapter 12 was created and the prior debt cap made the specific restructuring […]

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 […]

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 […]

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 […]

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 […]

55th Annual ICLE Probate & Estate Planning Seminar

Chuck Taunt and Erika Hart attended the 55th Annual ICLE Probate & Estate Planning Institute Seminar June 20th and June 21st   They attend every year to learn and study the latest developments some of which are immediately put to use for our clients. This training makes them eligible to maintain their Probate & Estate Planning […]

Dean R. Nelson, Jr.

At the invitation of Chief Judge Phillip J. Shefferly, Dean R. Nelson, Jr. spoke at the annual Veterans Day American Bankruptcy Institute Detroit Bankruptcy Conference attended by hundreds of bankruptcy and insolvency lawyers and other professionals every year.  Dean spoke on real estate issues in  bankruptcy.

Marion Mack Jr. Retires

Thursday, October 23rd marked the retirement party of Marion “Joe” Mack, Jr., capping over 30 years as the assistant United States Trustee for the Eastern District of Michigan. Joe was a first and only person to hold this office from its inception. This program marked a major shift from the previous process of having individual […]