Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.
May 15, 2013 – Collecting a debt through legal means is a fairly straightforward process for experienced counsel, but the success of the endeavor depends on numerous variables. In this video, Jim McNeilly and Kurt Carlson discuss the five steps to debt collection.
Successful debt collection requires knowledge of the relevant rules and regulations. It also requires gathering and assessing all relevant information about the debt, a process that presents opportunities for collecting the amount owed without having to resort to litigation. In this video, Kurt Carlson and Jim McNeilly explain the legal process for collecting a debt.
March 27, 2012 – A creditor with a judgment against a debtor corporation sought to compel testimony from a third-party entity with the same owner hoping to uncover information about the debtor corporation's assets. Recently, the Wisconsin Supreme Court ruled that such testimony could not be compelled.
Oct. 5, 2011 – Gov. Scott Walker called the Wisconsin Legislature into special session on Sept. 29 to consider a number of bills, including four tort reform measures. Learn what's in store for this special session.
Aug. 3, 2011 – The State Bar has released the 17th edition of its consumer publication What You Should Know About Wisconsin Law: Your Legal Rights and Responsibilities, formerly titled On Being Eighteen: Your Legal Rights and Responsibilities. The 40-page booklet informs Wisconsin citizens of their legal rights and responsibilities, and helps them recognize and avoid possible problems.
Feb. 21, 2011 – A foreclosing party who waives the right to a deficiency judgment on one mortgage does not lose the right to a shortened redemption period by later seeking a money judgment for defaulting on a second mortgage against the same property, a Wisconsin appeals court held.
If a foreclosure involves a federal interest, the requirements of 28 U.S.C. § 2410 apply, preempting any conflicting state statutes. This overview helps attorneys navigate the federal process and avoid the common mistakes and problems that can slow down or derail a state foreclosure proceeding.
Tenants whose landlords are in foreclosure might lose their security deposits and any prepaid rent, face eviction with 24 hours’ notice, and grapple with prospective landlords who refuse to rent to them because they were removed from a residential property because of a mortgage foreclosure. Wisconsin’s new Residential Tenants in Foreclosure Act and recent federal legislation now offer some protections to residential tenants.