Publications

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 […]
March 15, 2022

Appeals Court Warns Contractors Against Toying With Trust Funds

Lance E. Duronilduroni@kmksc.com(414) 962-5510 A Wisconsin appellate court recently reinforced Wisconsin’s theft-by-contractor law, leaving no doubt that contractors may not play fast-and-loose with their obligation to […]
January 17, 2022

Protecting Construction Lien Rights Requires Proactive Practices

When subcontractors and material suppliers (collectively, Subcontractors furnish labor or materials for a construction project, it is critical to be proactive to ensure that the right steps are taken to perfect lien rights in case the customer fails to pay.
January 17, 2022

Preserving Evidence for Potential Litigation

Gathering and producing evidence is a fundamental aspect of the litigation process.