Blog

            Can controlling directors and managing members get away with breaching their fiduciary duties to their companies and hanging onto control long enough for the... Read More

Courts appoint receivers to preserve and protect assets in dispute between parties. Courts can appoint a receiver upon a motion by a party,... Read More

Banks do not have to keep their promises to you or your clients, at least promises not in writing.  As if someone behind the teller counter needed encouragement, Michigan... Read More

In February 2015, Judge Gerber heard arguments regarding whether the “bankruptcy shield” – protecting GM from claims that arose prior to the 2009 Chapter 11 case – should continue to... Read More

As most of the public knows, General Motors is currently fighting to retain the “bankruptcy shield” granted to it in the 2009 Chapter 11 case to protect it from litigation related to the... Read More

Often, corporate by-laws, shareholder agreements, operating agreements and employment agreements contain provisions requiring a mandatory redemption or sale of an equity interest upon the occurrence of... Read More

In Michigan, if a husband and wife jointly own real estate, an unlimited amount of equity in it can be fully protected from the creditors of only one spouse.  This type of joint ownership is known as... Read More

Several matters recently assigned to Schafer and Weiner, PLLC through the Access to Bankruptcy Court[1] program emphasized... Read More

Although Michigan recently became a "right to work" state,[1] collective bargaining... Read More

When a business fails, the creditors’ quest for collectible assets sometimes turns from the empty coffers of the business to the pockets of any co-obligor principals, with homestead equity often being... Read More

The Michigan Court of Appeals issued an unpublished decision on October 24, 2013 in the case of Woodridge Hills Association v. Douglas Walter Williams and D.W. Williams, LLC that tells the classic... Read More