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 […]

St. Michael’s Academy

Charles Taunt serves on the board of St. Michael’s Academy in Petoskey, Michigan and as general counsel. Chuck worked with Community Bank, Harbor Springs to secure financing and on December 22nd completed the purchase of a new school building by the St. Michael’s Foundation.  Our firm created the 501(c)(3) foundation and secured tax exempt status […]

Judge Damon J. Keith’s 29th Annual Soul Food Luncheon

Chuck attended Judge Damon J. Keith’s 29th Annual Soul Food Luncheon on February 18, 2016 at Judge Keith’s chambers in Detroit.  The luncheon is a celebration of leadership and achievement recognizing a local, outstanding African American who exemplifies the maxim that Black History is a living history.  United States District Court Chief Judge Denise Page […]