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Thomas. R. Morris
Silverman & Morris, P.L.L.C.Badges
Claimed Lawyer ProfileQ&A
Summary
B.A., International Relations, James Madison College, Michigan State University. J.D., University of Michigan Law School, 1986. Practice concentrated in bankruptcy, commercial law, business law, workouts, real estate and complex situations.
Practice Areas
- Appeals & Appellate
- Bankruptcy
- Business Law
- Collections
- Foreclosure Defense
- International Law
Fees
- Free Consultation
The depth and duration of the free consultation depends upon the nature and scope of the potential engagement. - Rates, Retainers and Additional Information
Standard hourly rate is $350.
Jurisdictions Admitted to Practice
- Michigan
- 6th Circuit
Languages
- French: Spoken, Written
Professional Experience
- member
- Silverman & Morris, P.L.L.C.
- - Current
- shareholder
- Shefferly, Silverman & Morris
- -
- attorney
- Schlussel, Lifton
- -
Education
- University of Michigan Law School
- J.D.
- -
- Michigan State University
- B.A. | international relations
- -
- James Madison College
Awards
- listing 2008, 2009, 2010, 2011, 2012
- Superlawyers
Professional Associations
- Creditor/Debtors Rights Committee, Business Law Section, State Bar of Michigan
- member
- - Current
- American Bankruptcy Institute
- member
- - Current
- Activities: Occasional lecturer.
- State Bar of Michigan, Business Law Section, Creditor/Debtor Rights Committee
- member
- - Current
- Business Law Section Council
- member
- -
Publications
Articles & Publications
- The Michigan Exemption Initiative
- Michigan Business Law Journal
- The History and Futrure of Michigan Debtor Exemptions
- Michigan Business Law Journal
- Representing Small Business Debtors in Bankruptcy
- ICLE
- The Discharge of "Trustee" Debts: Defining the Term "Fiduciary Capacity" under Bankruptcy Code section 523(a)(4)
- Michigan Business Law Journal
- Judgment Liens Against Real Property: H.B. 4941 Proposes Major Changes
- Michigan Real Property Review
Speaking Engagements
- Individual Chapter 11 Reorganizations, ABI Central States conference, Traverse City, Michigan
- American Bankruptcy Institute
- moderator and speaker
Websites & Blogs
- Website
- Website
Legal Answers
131 Questions Answered
- Q. The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?
- A: You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."
- Q. If I buy a replica designer bracelet for about $20, then I resell it for the price of the real bracelet about 7,000
- A: Not in the abstract, but look out for MCl 445.903.
- Q. How do I get back an engament ring I thing it has been pond
- A: If you gave an engagement ring to your fiancée and she pawned it, that would be an anticipatory repudiation of the contract for marriage. Under Michigan law, the gift of an engagement ring is a conditional gift, so if you find it in a pawn shop, you can claim to be the owner. In other words, I agree with the other attorney’s answer.
- Q. Can I get someone to collect on a loan if it was just a verbal agreement?
- A: A loan generally does not need to be in writing to be enforceable under Michigan law.
- Q. Does my ex-wife have the right to list for sale our jointly held real estate property without my involvement?
- A: If you cannot find evidence that the property is being marketed for sale, then the marketing is not effective. If you are still a co-owner of the property, her entry into a listing agreement won't be effective. You would not be obligated to sell the property were a buyer to be found. However, the court might order you to participate in a sale. You should consult with the attorney who represented you in the divorce, or hire an attorney who can take into consideration the judgment of divorce. Your ex-wife could theoretically "list" the property for sale ("listing for sale" being a somewhat imprecise concept), just like I could theoretically "list" the Brooklyn Bridge for sale, but this is just trivia. You need to discuss your overall situation, and your expectations and goals, with an attorney.
- Q. what do I need to do to sell a home jointly owned by me and my incapacitated mother?
- A: You will need to have a conservator appointed by the probate court. The conservator could potentially be you.
- Q. My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity
- A: You need to discuss this confidentially with an attorney, not on a public forum like this where the trustee can see your questions (and answers) and use them against you.
- Q. My fiance and I bought a house. He is on the mortgage , both on deed. Can he remove me from the deed without consent?
- A: Not easily. A judicial procedure, such as partition, could “remove” you from the deed. And if ownership is joint, your death would vest title in the survivor. But a co-owner cannot simply “remove” you from ownership.
- Q. Can an old owner continue to ask questions and request documentation on certain transacafter the sale of the business
- A: The former owner can always ask, but the buyer may not have a contractual obligation to respond to the questions, so it may be difficult to use the law to require the buyer to respond.
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