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Bankruptcy Preference Actions: Be Proactive, Not Reactive
This content has been archived. It may no longer be relevantMy previous articles in my bankruptcy preference blog have discussed how to react to a bankruptcy preference demand that your company receives from a bankrupt company or bankruptcy trustee. Several of the defenses that are available, such as ordinary course of business and new value,…
Friday Factoid: Social Media Websites Receive High Marks For Processing Copyright and Trademark Infringement Claims
The Electronic Frontier Foundation recently published a report identifying steps that certain social media websites should take in response to claims of trademark and copyright infringement. For each website, the report noted whether the company requires a notice of infringement, documents its notice to the affected parties and publishes a report of its actions. WordPress…
The Weekly Scenario: Deadlines to Know When Dealing with IRA Trusts
Question: My father recently passed away. We just discovered that he named a trust as the beneficiary of his IRA. The trust names the three children as beneficiaries. I’m not sure where to start here, but as an initial matter, what deadlines should we be aware of? Answer: Perhaps the most common error that tends…
Condominiums Spent Budgeted Reserve Contributions Elsewhere
This article was written by Eric Boucher of ReadySetLoan.com Eric is a consultant who specializes in assisting condominium communities obtain certification for FHA and VA mortgage loans. He can be reached at eric.boucher@readysetloan.com In recent months while assisting condominiums to get certified and recertified with FHA, we are running into an issue that is a fairly…
Telebriefs®: The Intersection between FMLA & ADA
An issue that frequently arises is the overlap of the Family and Medical Leave Act (FMLA) and the Americans with Disability Act (ADA). The FMLA grants 12 weeks of job protected leave. However, there are certain situations in which a person may be able to extend his 12 weeks of leave if he meets the…
Biz Tek Today: Handling the Love/Hate Relationship with Technology
Technology is our friend, right? I know that I have a love/hate relationship with my technology, especially my computer. We’ve become dependent on our technology and sometime this dependency leads to a quelling of our creativity and critical thinking. The late Steve Jobs had it right when he compared personal computers to “bicycles for the…
Read|Delete: Where did ‘Cyber Monday’ Come From?
“Cyber Monday,” which is the Monday just after Thanksgiving, has been considered in recent years to be the start of the online holiday shopping season. The National Retail Federation says it coined the term in 2005 to describe a sharp rise in online revenue and traffic the first Monday after Thanksgiving. Some of the spike…
Compensation and Compliance Matters: New Lawsuit Creates New Danger for HUD Foreclosures
A lawsuit alleges that lenders that fail to take required loss mitigation steps prior to foreclosing on Department of Housing and Urban Development loans have violated the False Claims Act. The gist of the complaint, which a legal aid group recently filed, is related to the fact that HUD makes payments to the lenders on…
Compensation and Compliance Matters: The Emerging Non Qualified Mortgages Problem
Many lenders touting so-called safe origination practices for loans made outside the legal safe harbor for “qualified mortgages” are relying upon practices that are simply insufficient to protect them legally. Most are using approaches that focus upon one particular area of risk (ignoring the others). In some cases lenders are also using “safeguards” that regurgitate…
The Weekly Scenario: Things to Consider About Your Estate Plan When Moving
Question: I’m moving out of state and was curious as to the types of things I should consider in the context of my estate plan. Answer: With respect to your estate plan there are a number of things to consider. 1. If you are moving to another state, your Will is most likely valid in…
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