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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
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6th Circuit
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Languages
  • French: Spoken, Written
Professional Experience
member
Silverman & Morris, P.L.L.C.
- Current
shareholder
Shefferly, Silverman & Morris
-
attorney
Schlussel, Lifton
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Education
University of Michigan Law School
J.D.
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University of Michigan Law School Logo
Michigan State University
B.A. | international relations
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James Madison College
Michigan State University Logo
Awards
listing 2008, 2009, 2010, 2011, 2012
Superlawyers
Professional Associations
Creditor/Debtors Rights Committee, Business Law Section, State Bar of Michigan
member
- Current
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American Bankruptcy Institute
member
- Current
Activities: Occasional lecturer.
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State Bar of Michigan, Business Law Section, Creditor/Debtor Rights Committee
member
- Current
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Business Law Section Council
member
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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
141 Questions Answered

Q. Does having POA give that person absolute power of the sale of joinly owned property that was inherited?
A: Your sister claims to have POA (power of attorney) for whom? Your deceased father, I presume. He no longer has a say in the matter, so neither would his attorney-in-fact. I question her authority. How is the property titled? When you say you inherited property, do you mean that the property passed on his death to his estate, and you four are the heirs? Who is the personal representative of the estate? The probate court has the authority to approve a sale. Check with a probate expert on this once you determine the facts. If title to the property passed because it was jointly owned by your father and your siblings and you, then a partition action could force a sale.
Q. Can I change terms in a contract without informing the other party?
A: The short answer is no. Perhaps someone else is in the mood to write a lesson in contracts law. I will just use the phrase «no meeting of the minds ».
Q. Can the previous franchise we owned legally force us to repaint our vehicles?
A: The franchisor can make you stop using their trademarks. You may be correct that the color is not a trademark, but did you agree in the franchise agreement to comply with this request? If repainting is not covered by the agreement or by trademark law or by state competition law (which might be another basis for their claim that the color identifies the vehicles as "Servpro" vehicles), then I believe that you are in the clear. You should consult with a lawyer to review these issues and to respond to the franchisor's lawyers.
Q. Can a debt collector put a freeze on your bank account if your disabled and receiving social security benefits?
A: Yes, unless you object to the writ of garnishment to raise the issue. The court does not automatically know that the social security proceeds are exempt.
Q. How can i have a property lien removed?
A: You need to consult with an attorney who can review the land record and the documentation of the lien. It's not possible to provide an answer to your question without a review of the particulars.
Q. Help me under stand property ownership real estate laws. The perpetrators don't give two hoots about my health.
A: Maybe a family member or friend could help you to determine who is doing what. This is not yet a legal issue, because, as Mr. Zichi said, what is happening has not been determined.
Q. my parents are separating and my stepfather won’t contact or cooperate with listing their home. How can my mom proceed?
A: Divorce is the legal process that seems to be the best candidate. There are other legal processes, such as a personal bankruptcy, that might cause the process to move forward as well. Your mother should consult with an attorney.
Q. Bankruptcy and Divorce?
A: Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
Q. Do we HAVE to payback a gift with no documentation?
A: If this was a gift, you do not have to repay it. If it was agreed to be a loan, she is entitled to seek repayment. But, even if it is a loan, it is not secured by a mortgage on the house and although she has remedies available, those remedies do not include "pulling" your house. If you applied for a mortgage to finance the house, was there a 'gift letter' provided to the lender? After writing this I see that Mr. Blackburn gave the same answer. I agree with his answer.
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Contact & Map
Silverman & Morris, P.L.L.C.
32300 Northwestern Highway
suite 215
Farmington Hills, MI 48334
USA
Telephone: (248) 539-1330
Fax: (248) 539-1355