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Firm News

KMKSC Successfully Defends Corporate Client’s Constitutional Rights in Wisconsin Supreme Court

April 6, 2017 | Categories: Firm News, Success Stories | Topics:

KMKSC is pleased to announce its success in an important constitutional case before the Wisconsin Supreme Court.   The case involves a trial court’s delegation of broad authority to a “referee,” a private individual who was appointed by the court to act as a surrogate judge. The trial court empowered the referee to rule on […]

KMKSC Names New Shareholders

April 6, 2017 | Categories: Firm News | Topics:

KMKSC congratulates Melinda A. Bialzik, Ryan M. Billings, and Zach S. Whitney on becoming shareholders of our firm!   Ms. Bialzik is a graduate of Harvard Law School. She began her legal career at Foley & Lardner in Milwaukee.   Mr. Billings is also a graduate of Harvard Law School. He began his legal career […]

KMKSC Shareholder Chosen as “Leader in the Law”

April 6, 2017 | Categories: Firm News | Topics:

KMKSC Litigation Department Chairman Robert L. Gegios was recently recognized as a 2017 “Leader in the Law” by the Wisconsin Law Journal.  See link to article here.   With more than 30 years of experience, Bob concentrates his practice in business and commercial litigation, alternative dispute resolution, and general counseling in regional, national and international […]

GOOD NEWS FOR LENDERS: WISCONSIN SUPREME COURT STRENGTHENS LENDERS’ REMEDIES AGAINST GUARANTORS

April 4, 2017 | Categories: Publications | Topics:

By Matthew P. Gerdisch of Kohner, Mann & Kailas, S.C.   The Wisconsin Supreme Court recently issued a decision that clarifies an important part of foreclosure law. The decision is advantageous for lenders that seek not only to foreclose on real estate collateral, but also preserve their right to collect from guarantors.   Wisconsin law […]

“Winning the Game” With a Comprehensive Credit Application

April 4, 2017 | Categories: Publications | Topics:

The credit application is arguably the single most important factor in the control, collection and limitation of losses relating to the management of accounts receivable and collection of delinquent accounts.   Yet, both large and small business creditors constantly enter the game with only half a “play book”. Consequently, they lose more games (uncollected accounts) […]

PREFERENCE DEFENSES: UPDATE ON THE BAPCPA REFORMS 12 YEARS LATER

April 4, 2017 | Categories: Publications | Topics:

When it was enacted, most publicity regarding the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) focused on consumer bankruptcy reforms. However, commercial creditors faced with the vexing problem of a preference action in bankruptcy also received some relief. The three most significant changes were touted at the time to offer the following […]

A Letter Of Credit and The Bankruptcy Paradox: Will It Protect You? – Maybe!

April 4, 2017 | Categories: Publications | Topics:

By Matthew P. Gerdisch of Kohner, Mann & Kailas, S.C.   A letter of credit (“LC”) can be a valuable tool in a trade creditor’s arsenal to secure payment of an account and at the same time avoid a future bankruptcy preference claim. However, creditors should beware. They can on occasion find themselves in the […]

LAWYERS BEWARE (DON’T GET TRAPPED BY THE WISCONSIN FAIR DEALERSHIP LAW)

April 4, 2017 | Categories: Publications | Topics:

Introduction With many creditors their first contact with the Wisconsin Fair Dealership Law (Chapter 135, Wisconsin Statutes) arises when they attempt to collect monies owed to it by a Wisconsin based business. The issue of compliance with the statute is often presented after written or telephonic contact is commenced by the debtor or the debtor’s […]

Forum Selection Clauses and Their Effect in Commercial Collection Litigation

April 4, 2017 | Categories: Publications | Topics:

Consideration of Where to Sue When a delinquent account receivable cannot be collected amicably, legal action is indicated. The initial issue is in what location will suit be filed? The answer is easy if both the creditor and debtor are located in the same state. The general rule is that the legal action may be […]

CREDITORS’ COMMITTEES IN BANKRUPTCY CASES

April 4, 2017 | Categories: Publications | Topics:

Consider the following scenario: The debtor filed a Chapter 11 reorganization case a couple of weeks ago and you just received an invitation from the Office of the United States Trustee to volunteer to be a member of the Official Committee of Unsecured Creditors of the debtor. Should you seek to join the committee? Is […]



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