A customer tries to hold the manufacturer of a product liable for its distributor's failure based on the "special relationship" between the distributor and manufacturer, as well as the customer's status as an alleged intended beneficiary of the arrangement. The 7th Circuit was having none of it.Read More
This week's post summarizes a recent article from Understanding the ABA, the blog maintained by Attorney William D. Goren. In Understanding the Burden of Proof When ADA Remediation Is at Issue, Goren discusses building and retrofitting ADA-compliant structures. Highlights of the article include:Read More
The “good faith” defense articulated in 11 U.S.C. 550(b)(1) applies as long as the transferee: (1) is an immediate or mediate transferee under §550(a)(2); (2) took the transfers for value; (3) took the transfers “in good faith;” and (4) took the transfers “without knowledge of the voidability of the transfer avoided.”Read More
This guest-post, a synopsis of "Let's Talk About Arbitration" by Attorney William Goren from his blog, Understanding the ADA. The original post discusses issues pertaining to arbitration of claims arising under the Americans with Disabilities Act. The author assumes that readers know the difference between arbitration and mediationRead More
When you file for bankruptcy you sign sworn schedules that itemize your assets. If you fail to disclose in full or fail to update your asset summary, you risk a creditor objecting to discharge on the basis of fraud. Claims that arise after the bankruptcy filing like future lawsuits are also assets of the Estate....Read More
What happens when the property taxes of a Chapter 13 Debtor, protected by the Automatic Stay, are sold at auction? Here the Bankruptcy Court for the Northern District of Illinois, Eastern Division, had to decide whether a Chapter 13 Plan of Reorganization affects the deadline for the Debtor to redeem sold taxes. The answer is,...Read More
Don't forget to secure a Legal Audit to ensure compliance with applicable laws, regulations, and industry best-practices. How? That's easy: contact M. Hedayat & Associates, P.C. for your Free Legal Audit. With over 18 years of legal experience under his belt, a string of start up companies to his credit, and an MBA in addition...Read More
How does a company with $69.8 million in assets and only $9.2 million in liabilities end up filing for Chapter 11 bankruptcy protection? The answer is crime doesn’t pay, especially when you get caught hiring a hit man to make someone “stop breathing.” An Offer A Creditor Can’t Refuse…Unless Someone’s Wearing a Wire. Daniel Dvorkin,...Read More
Did the Chapter11 Debtor in Possession wait too long to disqualify opposing counsel based on a "conflict?" Looks like Judge Schmetterer thought so. You've been warned.Read More
Everyone has heard of Bernie Madoff. But have you heard of James and Verna Pilon? If you live in Chicagoland, you better pay attention-the Pilons are a couple from Joliet that have swindled investors out of over $1 million. Both are headed to federal prison. Before the Pilons were caught and sentenced however, they perpetrated...Read More