News and Resources
Collecting a Judgment from an LLC
Not too long ago, an attorney called me on the Lawyer-to-Lawyer directory*. He had recently obtained a judgment for his client against a Limited Liability Company (LLC). The amount of the judgment was $17,000, and he believed the LLC might not have much in the way of...
PPP Prosecutions Begin
Last year I predicted that the Department of Justice (DOJ) would be busy prosecuting fraud under the Paycheck Protection Program (PPP). A few weeks ago, the DOJ announced its first civil settlement of such fraud claims.The stipulation for settlement sets forth the...
When Collecting Consumer Debts, Federal Law Prohibits the Use of Confusing Communications
Photo by Alexander Dummer from Pexels The Fair Debt Collection Practice Act (FDCPA), prohibits misleading an unsophisticated debtor. An “unsophisticated debtor” is “one who is uninformed, naïve and trusting, but does possess rudimentary knowledge about the financial...
Why Did I Create a Corporation (or an LLC)?
Clients often ask me this question. They were instructed to operate their business as either a corporation or a limited liability company (LLC), and were led to believe that they would not have liability for the debts which the entity might incur. Photo by Matthias...
Settlement Proposals can be Tricky
A Plaintiff sued a collector under the Fair Debt Collection Practices Act for sending him a letter in an effort to collect a debt he claimed he did not owe. The envelope containing the letter revealed a bar code which contained some of the Plaintiff’s personal...
Accidents are not intentional.
They are unintentional mishaps, usually occurring because of negligence. Negligence claims, such as personal injury suits, can be won if the injured party can prove that the driver who cause the accident, called the tortfeasor, had a duty and breached that duty, which...
The Changing Face of Agriculture
This past weekend, I went with my family, including my granddaughters, to a Wisconsin apple farm. The farm sold apples and pumpkins, raspberries and honey, donuts and cider and lots more. This farm had transitioned away from growing corn and beans to having become a...
Happy Early 15th Birthday, BAPCPA!
Photo by Marina Utrabo from Pexels “I thought you had to wait six years between Chapter 7 filings.” “What’s credit counseling? I didn’t have to take that the last time I filed.” “What is the means test?” In the last 15 years, we’ve heard these questions and more, and...
Question: Can just one spouse file bankruptcy in Wisconsin?
Photo by Vera Arsic from Pexels An attorney friend called me to ask about a single spouse bankruptcy filing. A single spouse filing is a case in which only one spouse files while the other does not. The couple owned a home and had significant equity in that...
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