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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
134 Questions Answered
- Q. Bankruptcy and Divorce?
- A: Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
- Q. Do we HAVE to payback a gift with no documentation?
- A: If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied for a mortgage to finance the house, was there a 'gift letter' provided to the lender? After writing this I see that Mr. Blackburn gave the same answer. I agree with his answer.
- Q. Being evicted from land contract home. Can I remove improvements I made like cabinets, stairs, flooring, water htr etc?
- A: Short answer: No. A different answer is possible if the land contract gives you that right, but I doubt it.
- 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.
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