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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
122 Questions Answered
- Q. We bought our home and paid to have it set up on someone's else property. The man has passed and family trying to evict
- A: You may owe the rent, but the fact that they did not try to collect it for four years may give you an argument in court that you should not be immediately evicted. Is there a written lease? Consult with an attorney and provide him or her with the lease. There is not a simple answer to your question (and you did not ask a question).
- 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. Want property conveyed as "husband and wife or the survivor", is this not possible in Michigan
- A: This is possible, but don't try to come up with the language on your own. An attorney could advise you as to the proper language to use. Have an attorney advise you as to the entire transaction if you are not certain how exactly to do it.
- Q. What right to land contract owner have when the buyer dies unexpectly?
- A: The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a law-school-exam essay on the issues, were you my client I would ask you what you want to achieve. Do you want to try to defeat the interest of the successor(s) to the land-contract purchaser, or are you OK with allowing them to perform (i.e. to complete the payments and take title)? The latter is probably the easier course to pursue if the successor(s) intend to perform.
- Q. Can I legally trim my neighbor's overgrown, encroaching bushes and tree which invade into my property?
- A: You can cut whatever is on your property.
- Q. LLC using a virtual address instead of using home address
- A: The Michigan LLC Act requires that the company's books and records be maintained at the registered office or its principal place of business. MCL 450.4213. You could use the Troy address as the registered office even if it is not the principal place of business. Whether you should do so is not a legal question.
- Q. I'm starting an in-home caregiver business and don't know to hire employees or independent contractors.
- A: Work for someone else until you learn the ropes. And don’t sign an agreement not to compete.
- Q. A joint bank account associated with my SSN has been frozen due to an attempt to collect a debt. All of the monies in
- A: Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.
- Q. I was court martialed. My case went to the appeals court. I won. How do I find the decision from the appeal courts.
- A: This is a question of military law. The United States military has its own system of law. Here is a link that provides a summary of the appellate process with respect to military-law appeals: http://www.usmilitarylawyer.com/military-appelate-court-review.asp How to find the "decision from the appeal courts" depends upon which court the appeal was in.
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