Tuesday, October 3, 2023

What is a Business or Commercial Dispute?

business attorneys Ann Arbor

Business and commercial disputes in Michigan are handled through Business Courts, which are specialty dockets created under MCL Section 600.8033 in 2013, and are part of the Circuit Court System in the various Districts. This statute enumerates specific types of business and commercial disputes, and also specifically excludes disputes that don’t fall within these categories. 

MCL 600.833 defines Business or Commercial dispute as:

(i)   An action in which all of the parties are business enterprises, unless the only claims asserted are expressly excluded under subsection (3).

(ii)  An action in which 1 or more of the parties is a business enterprise and the other parties are its or their present or former owners, managers, shareholders, members of a limited liability company or a similar business organization, directors, officers, agents, employees, suppliers, guarantors of a commercial loan, or competitors, and the claims arise out of those relationships.

(iii) An action in which 1 of the parties is a nonprofit organization, and the claims arise out of that party's organizational structure, governance, or finances.

 

Learn more about business and commercial disputes here.

Contact the business attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. today, and let us help guide you through business and commercial legal disputes in Michigan. Please contact us at 734-665-4441 or fill out our contact form to schedule an initial consultation. 

Friday, September 15, 2023

Selling a Property with Unpaid Utility Bills? Find Out What Happens From the Sale

Bankruptcy Attorney Ann Arbor
Any unpaid balances due to the utility company would become a lien against the real property and can be enforced against the real property. 

A lien is usually preserved with a Financing statement and by notifying the tax assessing authority to place it on record to be discovered and listed via a Title Search before closing. If a sale, refinancing, or foreclosure occurs, the unpaid balance may  be paid from the proceeds if there’s enough money to cover the lien. If there’s not sufficient proceeds to pay the lien, the lien will be extinguished. 

 

Learn more about utility bills as consumer debt in bankruptcy here.

 

Have Bankruptcy Questions? Contact a Bankruptcy Attorney in Ann Arbor to Help You!

 

If you need help filing for bankruptcy, consult a bankruptcy attorney in Ann Arbor for a free consultation on whether you qualify. (734) 665-4441

Friday, September 1, 2023

Utility bills as consumer debt in Bankruptcy

Bankruptcy Attorney Ann Arbor

Unlike most consumer debts, water and sewer bills are treated differently as far as being discharged in a Chapter 7 Bankruptcy.  Any unpaid balances due to the utility company would become a lien against the real property and can be enforced against the real property. 

Learn more about utility bills as consumer debt in bankruptcy here.

 

Have Bankruptcy Questions? Contact a Bankruptcy Attorney in Ann Arbor to Help You!

 

If you need help filing for bankruptcy, consult a bankruptcy attorney in Ann Arbor for a free consultation on whether you qualify. (734) 665-4441

Friday, August 18, 2023

What You Need to Know About Mortgage Foreclosure Sales

real estate attorneys Ann Arbor

A mortgage document contains a power of sale clause that has become operative by reason of a default in the condition of the mortgage. The mortgage company hires a debt collector to manage the process by notifying the mortgagee, arranging for the property to be sold through the county Sheriff’s office where the property is located, and post the appropriate auction sale notices on the property, and for publication in the legal newspaper of that county. The Sheriff's office will conduct the sale through an auction where bids are placed starting with a minimum bid of the amount due on the mortgage. Ultimately, the property will be sold to the highest bidder. 

Learn more about mortgage foreclosure sales here.

 

Get Started Today: Schedule Your Consultation!

 

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 

Friday, August 4, 2023

What is a Mortgage Foreclosure?

real estate attorneys Ann Arbor
Mortgage foreclosure is a non-judicial action to sell a property through an auction facilitated by a county Sheriff’s department. This type of action is commenced by a mortgage company or lender (Mortgagee) when a property owner or borrower (Mortgagor) falls behind in their mortgage payments, doesn’t make any other payment arrangements, and doesn’t wish to keep the property.  Eventually, the account goes into default. 

Learn more about mortgage foreclosure sales here.

 

Get Started Today: Schedule Your Consultation!

 

It can be very complicated and tricky if you don’t know how to navigate these types of situations. Our competent Real Estate attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, PC, can help you understand this process and file your case. 734-665-4441 


Monday, July 17, 2023

What You Need to Know About Creating a Limited Liability Company in Michigan

business attorneys Ann Arbor

Once your Limited Liability Company is formed, it can be managed by a manager or run by a member or members. A manager would be designated by the LLC according to a clause or provision in the articles of organization stating that the business is to be managed by or under the authority of the manager(s). A member would be a person that has been admitted to an LLC as described in MCL 450.4101 Section 501. There are several ways of admitting a member, but usually, it’s defined in your operating agreement, as agreed to by the members. 

Learn more about member rights when it comes to a limited liability company here.

Contact the business attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. today, and let us help you set up your Limited Liability Company. Please contact us at 734-665-4441 or  fill out our contact form to schedule an initial consultation.

Monday, July 3, 2023

How to Create a Limited Liability Company in Michigan

business attorneys Ann Arbor

In Michigan, Limited Liability Companies are regulated under MCL 450.4101, also known as the "Michigan limited liability company act" (the Act). According to the Act, Limited liability company" or "domestic limited liability company" means an entity that’s an unincorporated membership organization. The term unincorporated differentiates this form of business entity from a corporation. In order for you to create a Limited Liability Company or LLC in MI, you must fill out an application and file it with the Department of Licensing and Regulatory Affairs (LARA)  in the State of Michigan Corporations Division. 

Learn more about limited liability companies in Michigan here.

Contact the business attorneys in Ann Arbor at Pear Sperling Eggan & Daniels, P.C. today, and let us help you set up your Limited Liability Company. Please contact us at 734-665-4441 or fill out our contact form to schedule an initial consultation.