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Why Hire an Appellate Lawyer?

April 16, 2019 | Categories: Firm News, Publications | Topics:Tags: , ,

When people think of a legal appeal, the typical scenario that comes to mind is when one party loses in court and they appeal in an attempt to reverse the verdict in their favor. In some cases, that happens, but appeals are not a second bite at the apple, as most people think. The process […]

The New Rules: One Year Later

April 10, 2019 | Categories: Firm News, Publications | Topics:Tags: , , ,

The apparent effects of the new Wisconsin Rules of Civil Procedure since being put in place.   Last year, KMK cautioned that sweeping changes were coming to the Wisconsin Rules of Civil Procedure through legislation passed by the Wisconsin legislature in April 2018 (see this feature article). As the one-year anniversary of the rule changes […]

Important Amendments to U.S. Bankruptcy Code: Modifications to Dollar Amount Thresholds

April 4, 2019 | Categories: Firm News, Publications | Topics:Tags: , , ,

Section 104(a) of the Federal Bankruptcy Code provides for automatic adjustments to certain dollar amounts in the Bankruptcy Code every three years. (11 U.S.C. § 104(a)). The most recent adjustments took effect on April 1, 2019, and apply to all cases commenced on or after that date. Below is a summary of many adjustments that […]

Exemptions and Lien Avoidance Summary

April 3, 2019 | Categories: Firm News, Publications | Topics:Tags: , , ,

(§ 522)—Exempt assets are assets that unsecured creditors (and some secured creditors) cannot reach. Some key points about exemptions are the following: A. Exemptions are for people—not for corporations, partnerships, or LLCs. But, two individuals working together might not be a partnership and each may be able to claim exemptions. (e.g. the “mom-and-pop” business customer) […]

Involuntary Petitions – Forcing a Deadbeat into Bankruptcy

April 3, 2019 | Categories: Firm News, Publications | Topics:Tags: , , ,

The ultimate step in creditor collection brinkmanship is the decision to start an involuntary bankruptcy petition against a debtor. There are myriad reasons to commence an involuntary petition against a debtor. For example, the involuntary may be used as a last resort after all other efforts to obtain payment have been exhausted or appear useless; […]

Preference Defenses: Update on the BAPCPA Reforms

April 1, 2019 | Categories: Firm News, Publications | Topics:Tags: , , , ,

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 […]

What Business Type Is Right for You?

February 28, 2019 | Categories: Firm News, Publications | Topics:Tags: ,

Be sure you establish your business in a way that leverages benefits and fits your needs.   When setting up a new business, the prime initial question is whether to establish a limited liability company, a corporation, a general partnership, or a sole proprietorship. The answer in significant part depends on how you want to […]

Clients Beware! The Federal Reserve Is Warning of High-Debt Risk Making Now the Time to Gear Up and Protect Your Receivables

December 14, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

There are growing signs of financial instability in the U.S. economy, including high debt levels, and our clients should be mindful of the risks and work with competent counsel to prepare for the potential downturn in the economy and increased levels of bad debt.   In its recent report on financial stability, the Federal Reserve […]

Wisconsin’s Highest Court Holds that Attorneys’ Fees Are Recoverable in “Exceptional Cases”

December 11, 2018 | Categories: Firm News, Publications | Topics:Tags: , , ,

As has been previously discussed, the “American rule” governs litigation expenses in the courts of Wisconsin. In contrast with the “English rule” wherein the losing party pays the prevailing party’s costs and fees, under the American rule each party to a lawsuit bears its own attorneys’ fees unless a statute or contract provides otherwise.   […]

U.S. Supreme Court Rules That Arbitration Agreements Can Block Employee Class Action Suits if Their Employment Contracts Provide for Same

September 24, 2018 | Categories: Firm News, Publications | Topics:Tags: , ,

Class actions can be a powerful tool to vindicate the rights of a group of plaintiffs, especially in cases where legal costs would deter any individual member of the group from bringing suit (see our companion article discussing KMK’s class action litigation against natural gas defendants). On the other hand, the collective threat of liability […]



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