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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
55 Questions Answered

Q. I purchased a piece of land, basically for my son. Both of our names are on the title - taxes are overdue, again.
A: A lawsuit seeking partition should be considered. You should consult with an attorney.
Q. i have a bk lawyer. is it ok to have another one review my case if I want to pay the 2nd lawyer?
A: You are entitled to obtain a second opinion, and don't let anyone tell you otherwise. (Unless you want to treat someone telling you otherwise as a second opinion).
Q. I'm a landlord in MI and need to know if i'm legally responsible to send a receipt for paid rent within a certain time.
A: There's no state-law requirement whoch requires that a landlord send a statement. Is this residential property and where is it located? You should determine whether ther's a local ordinance that is applicable.
Q. If I am the successor in interest on a home because of death, can I put this home in bankruptcy, chapter 13
A: People and business entities can file bankruptcy. A house cannot. However, it may be possible to obtain relief or to restructure debt associated with the house. You should consult with an attorney to assess your situation.
Q. Can I stop an order granting trustee objection to debtors claim of exemptions and motion for turnover, chapter 7
A: Your question is too broad and vague to be answered here. You need to consult with an attorney.
Q. My brother and I bought a house in 2011, it is in both our names. He passed away in July.
A: If you owned the house jointly, you, as the survivor, own it outright now. To convey it you simply need to record the appropriate deed and a certified copy of the death certificate. The quit-claim deed is in this case unnecessary. If you owned the house as tenants in common, you should consult with an attorney. It's not possible from the information you provided to properly advise you. You may want to consult with an attorney or your tax advisor as to the tax ramifications of the different options for taking title to the property. Also, make sure that you understand the PRE and homestead declaration forms.
Q. My dad sold property to his step daughter on a verbal agreement - can he place a lien against the land for non payment?
A: Probably not. A consensual lien on Michigan real property is called a mortgage. If the stepdaughter did not grant a mortgage, then there's no consensual lien. The law provides also for various non-consensual liens, like a tax lien, a construction lien under the Construction Lien Act, or a judgment lien under the Judgment Lien Act. If your dad were to sue and obtain a judgment, then he could file a judgment lien. But he cannot on his own and without legal authority "place a lien", other than by recording a properly executed mortgage, on someone else's real property. He can demand payment, and he can file a lawsuit to recover a judgment. Those are his basic options.
Q. Can a Claim of Interest be filed with the Register of Deeds on real estate without any kind of judgment or legal ruling?
A: I have seen the "claim of interest" abuse with costly results. Your problem sound complicated, and the facts you stated do not permit a simple answer. You should consult with an attorney.
Q. How to update LLC operational agreement to reflect change of ownership.
A: If you are confident in your ability to use the language and in the simplicity of the legal issues, do it yourself. But an attorney who has seen none of the documents and has not had the opportunity to ask questions cannot confidently draft some clauses to be carried off by you. This may well be simple, but you should probably consult an attorney.
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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