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