by W. Jay Brown | Sep 23, 2010 | Business Law, Commercial Law
It’s becoming an all-too-familiar fact pattern: a former spouse loses his business and is uncollectable/bankrupt leaving the bank to look to the former spouse for collection pursuant to a guaranty taken out during the marriage. In those instances, lawyers need to...
by W. Jay Brown | Aug 27, 2010 | Business Law, Commercial Law, Litigation
This week, the Michigan Supreme Court released its opinion in Shay v Aldrich, (# 138908 released August 23, 2010) and held that sometimes, “all” does not mean “all.” The facts in Shay were straight-forward – a plaintiff settled with two parties in a litigation and...
by W. Jay Brown | Apr 15, 2010 | Business Law
As Michigan law provides some effective remedies and developed common law to govern disputes involving corporations, it is often desirable to apply corporate law principles to limited liability companies. I’ve never seen any reason to treat the entities differently in...
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 | 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...
