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Thomas. R. Morris

Thomas. R. Morris

Silverman & Morris, P.L.L.C.
  • Appeals & Appellate, Bankruptcy, Business Law...
  • Michigan
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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
46 Questions Answered

Q. I've been out of work for over a year and have enough credit card debt to make filing bankruptcy my only option--except,
A: Yes, but it should be exempt.
Q. Bought a house with girlfriend, she put in $1000 and I put in $5000for down payment. She ended the relationship and want
A: The law provides for an allocation of the equity in such a situatiin (assuming that you are both owers) but there's no apparent, clear answer. From the facts you gave, it seems like she should receive between 20% and 33% of the equity.
Q. My husband/son owned a house jointly (no mort.), and our son passed away.
A: Yes. I like a simple question!
Q. Can you file for both personal and business bankruptcy at the same time?
A: One person can generally successfully maintain only one case at a time. I won't go into the hypothetical possibility of multiple cases involving one person. An individual could file and if he conducted business as a sole propreitor, it would be both a personal and a business bankruptcy. There are other possible answers. Why do you ask?
Q. Should we know when the sellers are planning to move out before closing?
A: When you allow the seller to remain after closing, you become a landlord. To evict an unwilling tenant takes 30 days or more and can cost hundreds of dollars or more if you hire an attorney. Plus, you have to contend with the condition of the property upon surrender. My preference is to take possession at closing.
Q. My mortgage was sold to another company without my approval and they changed the terms on it from a 30 year to a 45 year
A: Yes and no. You signed a note promising to pay a certain amount amortized over thirty years. You can continue making those payments, and, assuming that the note is a normal residential mortgage note, you can make prepayments without penalty. The apparent holder or servicer of the note is apparently offering to take smaller payments. It appears that you have the option to take them up on the offer of paying less, or you can pay the amount provided I the note, or you can make prepayments.
Q. I have people that were hired as a delivery truck driver to deliver my goods but they are not authorized to accept
A: This is a question of "ostensible agency". The issue is whether you caused the customer to believe that the driver was authorized to accept payment (that the driver was your agent for the purpose of payment), or, conversely, whether you adequately informed the customer that the driver was not authorized to accept payment (if the customer makes the case that his belief in the driver's authority was reasonable). There may be case law that suggests an answer, but ultimately it will depend upon the facts of the case. I think that it could be argued either way, depending upon the facts.
Q. If I have a delivery company contracted to deliver my goods and pay them upfront and then they don't deliver, can i
A: Remedies for breach of contract include a claim for damages. This format does not allow for a primer on contract law. You should consult with an attorney to identify the remedy available, how much might be recovered, whether the defendant is collectable (i.e. whether you can collect on any eventual judgment), what court you should sue in, and, first of all, whether the dispute can be resolved without having to go to court.
Q. My aunt was worried about a relatives obesity & addiction to energy drinks so she told him shed pay him $10,000 if he
A: I think that it may be enforceable. Under Michigan law, "[t]he essential elements of a contract are parties competent to contract, a proper subject matter, legal consideration, mutuality of agreement, and mutuality of obligation." Your aunt raises a valid issue by questioning whether there is consideration. I would argue that there was consideration -- she wanted to have a slim relative. The other elements of the contract are of course open to debate. We don't have all of the facts.
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Contact & Map
Silverman & Morris, P.L.L.C.
30500 Northwestern Highway
suite 200
Farmington Hills, MI 48334
USA
Telephone: (248) 539-1330