Posts written by buteralaw
We Have a Tax Code. Yea! Boo!
In 2001 Congress adopted a Tax Code revision which for technical reasons expired after ten years. The parties have been at loggerheads over permanent revisions to the Code; as far back as 2005, I wrote here that a resolution seemed near. Perhaps in terms of… Continue reading
Avoiding Collection Problems
With the extended economic downturn we have witnessed a substantial increase in the number of collection cases that we are handling for our clients. While we are more than happy to handle collection matters we also believe that we owe it to our clients to… Continue reading
What are the Statutes of Limitation?
A statute of limitation is a law enacted by a state or the Federal Government which sets the maximum period which can elapse during which a lawsuit may be filed. The periods vary by jurisdiction. The limitations can range from as little as six months to… Continue reading
Oral Modification of a Written Lease
At one time or another most of us become involved in leases of real estate. The leased property might be an apartment or house (at the shore during summer months) or an office or manufacturing facility for business purposes. Leases can involve significant financial obligations,… Continue reading
Creditor Beware – Preferences in Bankruptcy
Bankruptcy not only stops collection efforts against the bankrupt party, but it can effectively “avoid” payments made in the past. An “avoidance” of a payment essentially orders the creditor to repay the debtor. The Bankruptcy Code gives the debtor and/or the bankruptcy trustee several devices… Continue reading
Latin Lovers 2010
What happens if you provide goods or services for someone without a clear agreement on the precise terms of the arrangement? Most of the time you would be unable to collect if you cannot prove the existence of a contract, either written or oral. However,… Continue reading
Your Right to Know
In 2008, the Pennsylvania legislature passed a new “Right-to-Know Law,”making significant changes to prior law relating to the public’s right to obtain and review government records. The old law consisted of only four sections. The new law is lengthy and complex. Among other changes,… Continue reading
Woodman, Spare that Tree!
The pyrrhic victory, where you win but lose at the same time, is not common at law, but when it happens the “winning” party (and his or her counsel) can be understandably perplexed and usually baffled. (King Pyrrhus of Epirus, won a number of battles… Continue reading
Do’s and Don’ts when Ponzi Knocks
Few negative connotations can match that of Charles Ponzi; the “Ponzi Scheme” is indelibly etched into our consciousness as a colossal swindle. Ponzi in 1920 placed an advertisement in newspapers promising a 50% return on investments in 45 days and 100% return in 90. It… Continue reading
The New Law on Home Improvements
While the Pennsylvania Home Improvement Consumer Protection Act (the “Act”) has been in effect since July 1, 2009, it appears that not all contractors who perform home improvements have complied with the Act and that not all homeowners are aware of the new law. This… Continue reading