Publications

September 15, 2022

No Contract Does Not Always Mean No Recovery: How To Enforce Unwritten Agreements

Zach S. Whitneyzwhitney@kmksc.com(414) 962-5110 Imagine that a company has furnished goods or services to a customer who refuses to pay. Ideally, that company would have a […]
September 15, 2022

Wisconsin Supreme Court Resolves Lengthy Feud Sparked by Handwritten Lien Waiver

Lance E. Duronilduroni@kmksc.com(414) 962-5110 Business in the construction industry is not always conducted as attorneys would recommend. Oral agreements or hastily revised documents are sometimes resorted […]
June 15, 2022

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

Eric R. Von Helmsevonhelms@kmksc.com(414) 962-5110 Section 104(a) of the Federal Bankruptcy Code provides for automatic adjustments to certain dollar amounts in the Code every three years. […]
June 15, 2022

Recent Court of Appeals Case Confirms The Need For Careful Analysis Of Jurisdiction When Litigating In Federal Court

Ryan M. Billingsrbillings@kmksc.com(414) 962-5110 While state courts generally can hear almost any legal matter, federal courts are courts of limited jurisdiction. Litigating civil cases in federal […]
June 3, 2022

The C.A.R.E.S. Act: Trillions in Stimulus Payments, But also Business Bankruptcy Law Changes Creditors Need to Know

[Originally Published 4/6/20; Updated 6/3/22] The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) passed by Congress and signed into law by the President […]
June 3, 2022

Exemptions and Lien Avoidance Summary

(§ 522)—Exempt assets are assets that unsecured creditors (and some secured creditors) cannot reach. Some key points about exemptions are the following: Exemptions are for people—not […]
June 3, 2022

Involuntary Petitions – Forcing a Deadbeat into Bankruptcy

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 […]
June 3, 2022

Preference Defenses: Update on the BAPCPA Reforms

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 […]
March 15, 2022

Businesses Take Heed: New Regulations for the Fair Debt Collection Practices Act Establish Important Requirements For Consumer Credit Transactions

Alexander E. Georgeageorge@kmksc.com(414) 962-5110 The Fair Debt Collection Practices Act (“FDCPA”) applies to consumer transactions. Most companies that engage in business-to-business sales of goods or services […]