Estate Planning

Possible Successor Liability in a Michigan Asset Purchase Transaction
One of the advantages of acquiring a business through an asset purchase is that the assets are transferred to the purchaser free and clear except for enforceable liens and security interests...

Attorney-Client Privilege May Follow Purchaser of Company
In Postorivo v. AG Paintball Holdings, Inc., 2008 WL  343856  (Del.Ch., Feb. 7, 2008), read opinion here, the Delaware Chancery ruled on the issue of who holds the attorney-client privilege when a company is sold in an asset sale, and the successor continues to operate the business? The court followed settled Delaware law and respected a forum selection clause that provided for New York law to control the dispute between the parties...

Will the Trustee Seize 100% of a Tax Refund if Only One Spouse Files Bankruptcy
My question is if someone comes to you to file BK individually, but she is due a tax refund that is in her name as well as her husband's, could the bank trustee only take 1/2 of the refund since the other 1/2 is considered an asset of her husband ...

"A Diamond is Forever" - Lost Gifts and the Principle of Ademption
In keeping with the holiday season which has just ended, many of us can reflect on the gifts we received from family members and friends. Often, the sentimental attachment far exceeds the monetary value of the gift...

ND Ga - Chapter 7 Trustee Could Neither Assign Tort Claim Nor "Conditionally Abandon" Valuable Cause Of Action
In re Allen, Ch. 7 Case No. 01-82408-MHM, 2008 Bankr LEXIS 366 (Bankr. N.D. Ga. February 14, 2008). Debtor’s pre-petition state law cause of action was property of the Chapter 7 Estate, with a value that likely exceeded the liabilities of the Estate...

Failure to List Legal Malpractice Lawsuit as an Asset In a Bankruptcy Leads to Dismissal of Lawsuit
In a recent article in the Chicago Daily Law Bulletin a decision by the Illinois Appellate Court was discussed dealing with the failure to schedule legal malpractice claims in a bankruptcy proceeding (Unfortunately, the case itself is unpublished, Dawn and Donald Patrzykont v...

House Closing
Sealing a home sale

Recovery One, Cyber Asset, Ascension Recovery - Renovo One LLC
REPOSSESSION DRIVERS - UNPAID OVERTIME

Hewlett-Packard and Staples
allegedly violated antitrust laws in collaborating on the sale of replacement ink jet printer cartridges.

Generic Versions
Barr Pharmaceuticals to pay $5.9 million settlement for blocking the sale of oral contraceptives.