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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
27 Questions Answered

Q. My mom & her twin sisters name was on the deed to property I inherited. I'm selling it, can she get money from the sale
A: Option 1: Ask your aunt for a quit claim deed. Option 2: File a lawsuit seeking partition. For that, you will need to consult an attorney.
Q. My name is on the Deed after both Parents deaths. Can my estranged Sister do anything?
A: She could potentially claim that the arrangement by which she was disinherited was caused by your undue influence over your parents, but generally, under Michigan law, a person can create an estate plan which prevents a son or daughter from receiving any property upon the parent's death. I hope that this answers your question, but if you have further questions you should consult with an attorney.
Q. My parents recently passed away, we are in the process of selling their home to a family member, see more in details
A: There is not a definite answer to this question for three reasons. First, an appraisal is an opinion as to the value. It is one piece of evidence as to the value. There is other evidence you can consider, such as the assessed value, which is the tax assessor's opinion as to the value. I would put more emphasis on a licensed appraiser's value, but if you had an appraisal done you will note that the appraiser issues a report, not simply a figure. The report shows you what evidence the appraiser considered so that you can evaluate that evidence for yourself. Second, the value added by a real estate broker is debatable. Strictly speaking, a listing of a property with a broker adds nothing to the value of the property. Rather, a broker increases the exposure of the property to the market and provides services in connection with the sale, helping to ensure that the seller gets the best price. Generally, a seller is willing to accept a little less in a FSBO or "for sale by owner" transaction and the buyer expects to pay a little less. Commissions are generally 6%, but a FSBO price is not a full 6% less generally. Third, the sale price is ultimately what the buyer and seller agree upon, and that principle should ultimately determine your sale price unless there is something else governing the principles that you are inquiring about.
Q. Am i obligated to pay money back without a written contract?
A: Yes, you are obligated if in fact you agreed to repay. Assuming that the contract was performable within a yesr, the oral contract obligation to pay back the loan is enforceable under Michigan law because it is not in the category of contracts that must be in writing to be enforcable.
Q. I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?
A: If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.
Q. What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.
A: Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.
Q. my school has recently put a new policy in regarding phones. they're forcing us to put them in a box at class start
A: This question fits better in the category of school law, not contracts, assuming that you attend a public school and not a post-secondary school, such as a college. A student has fewer rights at school than an adult enjoys in daily life. The student's rights are limited by the school's authority to maintain order. So I don't doubt that the school could enforce such a rule, nor do I believe that the school is required to assume liability for phones left in the "box". The solution that the school's practice suggests is to not bring your phone to school.
Q. Mom did a Lady a bird deed on her house. I am one of 9 on deed. Can I sell my share to 1 of the others listed on deed?
A: The short answer is that you could sell your interest to one of the other joint owners without the others joining in the conveyance. However, you have not furnished enough information to identify the result. It is possible that you would sell nothing. A "Lady Bird" deed is one in which the grantor retains a life estate as well as the power of conveyance. If this is what was used by your mother, and if she is still alive, the grantees under the deed don't yet have a vested interest in the property.
Q. Is there a period of time to revoke acceptance of an offer to purchase real estate?
A: I agree with the other attorney who already answered. There is no period of time to revoke acceptance of an offer. An offer can be revoked before it is accepted, but if by revoking acceptance you mean cancelling a sales agreement that has already been signed, then the answer is that there is not period of time permitting cancellation. Does the sales agreement call for the check to be held and not deposited? I doubt that it does, so if the agreement has been signed, the check should most likely be deposited and you will soon know if the check is good.
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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