Publications

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.
January 13, 2022

Excellent Work Product: The Promise We Make To Ourselves And Each Other

KMK is pleased to announce that an article by KMK Shareholder Ryan M. Billings was recently published in the January 2022 edition of Primerus Paradigm. The […]
November 8, 2021

Who Can Sue? Standing for Misrepresentation Claims When Ownership Changes Hands

It is not uncommon for ownership to change multiple times soon after the purchase of property. For instance, a group of related companies might have one […]