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    Home » Archives for Mike Abelow
    COVID-19 and Bankruptcy:  Changes from the CARES Act
    By Mike Abelow
    In COVID-19, Blog
    Posted March 30, 2020

    COVID-19 and Bankruptcy: Changes from the CARES Act

    On March 27, 2020, the CARES Act (Coronovirus Aid, Relief, and Economic Security Act) became law.  The Act provides nearly $2 trillion in stimulus in an attempt to get the country through the [...]

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    Title Insurance and Bankruptcy
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted May 22, 2018

    Title Insurance and Bankruptcy

    What happens if the seller of property files for bankruptcy and the bankruptcy trustee tries to undo the transaction?  Is the buyer protected by the buyer’s title insurance policy?  The Tennessee [...]

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    Fee Shifting in Fraudulent Conveyance Cases?  Yes, Sometimes.
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted January 6, 2016

    Fee Shifting in Fraudulent Conveyance Cases? Yes, Sometimes.

    Tennessee follows the American Rule that a successful litigant normally has to bear its own attorneys fees.  The typical exceptions to the rule are:  (1) if the statute the party is suing under [...]

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    A Little-known, but Big, Change in the Rules on Assets Held by Spouses
    By Mike Abelow
    In Blog, Corporate, Litigation and Dispute Resolution, Trusts and Estates
    Posted October 16, 2015

    A Little-known, but Big, Change in the Rules on Assets Held by Spouses

    Assume that Alex and Casey own a house.  If they bought the house during the marriage, they are presumed to own it as “tenants by the entireties.”  Entireties property is not subject to the [...]

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    Discharge of Attorneys Fees
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted April 30, 2015

    Discharge of Attorneys Fees

    The holy grail of litigation is winning the case and getting the other side to pay your attorneys fees.  When this happens the loser may consider bankruptcy to avoid having to pay the judgment [...]

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    Garnishing an Independent Contractor
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted February 5, 2015

    Garnishing an Independent Contractor

    Earlier this week, the Tennessee Court of Appeals decided an important, and unprecedented, issue affecting the ability of creditors to garnish funds.  A garnishment is an order issued to a third [...]

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    Veil piercing for LLCs
    By Mike Abelow
    In Blog, Corporate, Litigation and Dispute Resolution
    Posted December 15, 2014

    Veil piercing for LLCs

    In this post I discuss an issue that frequently comes up when an LLC is the defendant in a lawsuit:  If I’m the plaintiff, can I “pierce the veil” to reach beyond the defendant LLC to the members [...]

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    Looking Back for Fraudulent Transfer Claims
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted November 13, 2014

    Looking Back for Fraudulent Transfer Claims

    It is common wisdom that there is a four-year lookback period in bankruptcy for fraudulent transfer claims.  A fraudulent transfer claim alleges that the debtor transferred property to someone, [...]

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    Reaching and protecting assets held by a Tennessee LLC – Part 2
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted October 10, 2014

    Reaching and protecting assets held by a Tennessee LLC – Part 2

    In my last blog post, I discussed the rights of a creditor when the debtor owns interests in an LLC.  Can the creditor reach the assets of the LLC?  Under Tennessee law, the answer is no.  The [...]

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    Reaching and protecting assets held by a Tennessee LLC – Part 1
    By Mike Abelow
    In Blog, Litigation and Dispute Resolution
    Posted August 21, 2014

    Reaching and protecting assets held by a Tennessee LLC – Part 1

    Welcome to the Sherrard Roe Voigt & Harbison blog.  I’m excited about this project. I’m going to be blogging about issues at the intersection of litigation and bankruptcy.  Things like, okay, [...]

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