by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Litigation
Recently, the Michigan Court of Appeals in Dearborn Capital Corporation v Facundo Bravo, (Docket No. 284274 released 9/22/09) issued a decision that serves as a harsh reminder to creditors of the consequences of failing to observe the letter of the UCC when selling...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Litigation
Business litigation involving a corporation typically involves claims brought under the Michigan Business Corporations Act (“BCA”), MCLA 450.1101 et. seq. However, the BCA is not the only source of statutory claims involving corporations. Section 3605 of the Revised...
by W. Jay Brown | Jan 22, 2010 | Commercial Law, Litigation
An understanding of whether a debt is dischargeable in bankruptcy is essential to a business and commercial litigator for at least three reasons – – (1) to structure the claims being brought in the complaint; (2) to evaluate the credibility and risk of a...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Construction Law
It’s a typical scenario- a subcontractor or supplier is owed money from a contractor but hasn’t perfected a right to a construction lien. The subcontractor or supplier think they are out of luck and are stuck with an uncollectable breach of contract claim against an...