by Wendy Alton
A recent Detroit Free Press article and ABC News article discussed the case of a Western Michigan dad of 23 kids who was sentenced to jail for owing over $500,000 in child support.
First, this case is obviously unique, as he has fathered over 20 children. It is also unique because of the excessive amount of overdue child support. However, prison sentences are not as uncommon as you may think.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your drivers license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can result in jail sentences, as evidenced by the results of the case involving the deadbeat dad with 23 kids.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court will conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
You can read the Detroit Free Press article here: Man linked to 23 kids gets prison in child support case
You can read the ABC News article here: Ultra Deadbeat Dad gets 23 Months in Jail
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Thursday, September 30, 2010
Wednesday, September 29, 2010
VA to Review 17,000 “Brown Water” Cases
by Kristina Derro
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
Post 9/11 Stop-Loss Bonus
by Jim Fausone
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Tuesday, September 28, 2010
Attorneys Cost Plaintiff an $11 Million Judgment
by Kristina Derro
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
Monday, September 27, 2010
Divorce Mediation or Trial or Both?
by Wendy Alton
The divorce trial of Dodgers’ owner Frank McCourt & his wife Jamie has taken a brief pause so that the couple and their attorneys can go through Mediation today in order to try to resolve and settle their divorce.
What exactly is Mediation?
Mediation in divorce cases is a private session between the couple, their lawyers, and a neutral Mediator, usually a lawyer who has been trained in Mediation, where they freely and openly discuss settlement of all or some of the issues in the divorce. In Michigan, everything that happens in Mediation is confidential, and offers and counter-offers exchanged in Mediation cannot be used in the Divorce trial or further proceedings. The Mediator’s role is to encourage the couple to work out their differences and come to a mutual resolution of all issues. If an agreement is reached, it is reduced to a final writing, a Divorce Judgment, and entered by the Court, thus ending the divorce.
Many divorce cases resolve in Mediation, and it is by far a less expensive alternative than a divorce trial. However, even in the middle of trial, like the McCourt’s trial, Mediation is also a tool to try to resolve issues that remain outstanding and disputed.
You can read the LA Times article here: Frank McCourt attorney's admission sets the stage for a possible settlement
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The divorce trial of Dodgers’ owner Frank McCourt & his wife Jamie has taken a brief pause so that the couple and their attorneys can go through Mediation today in order to try to resolve and settle their divorce.
What exactly is Mediation?
Mediation in divorce cases is a private session between the couple, their lawyers, and a neutral Mediator, usually a lawyer who has been trained in Mediation, where they freely and openly discuss settlement of all or some of the issues in the divorce. In Michigan, everything that happens in Mediation is confidential, and offers and counter-offers exchanged in Mediation cannot be used in the Divorce trial or further proceedings. The Mediator’s role is to encourage the couple to work out their differences and come to a mutual resolution of all issues. If an agreement is reached, it is reduced to a final writing, a Divorce Judgment, and entered by the Court, thus ending the divorce.
Many divorce cases resolve in Mediation, and it is by far a less expensive alternative than a divorce trial. However, even in the middle of trial, like the McCourt’s trial, Mediation is also a tool to try to resolve issues that remain outstanding and disputed.
You can read the LA Times article here: Frank McCourt attorney's admission sets the stage for a possible settlement
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Thursday, September 23, 2010
TBI = Purple Heart
by Jim Fausone
There has been some confusion on whether a veteran with a Traumatic Brain Injury is entitled to a Purple Heart. In a sign of confusion over the issue, the Pentagon's chief spokesman said last week that soldiers with concussions were not eligible for the Purple Heart. DOD then took the position that "While not every service member exposed to IED blasts will suffer the lasting consequences associated with TBI, every service member who is exposed to an enemy generated explosion and receives medical attention should receive the Purple Heart". It is reported that some Army commanders and medical officials were not award the Purple Heart for concussions. Read more about the problem below:
http://www.propublica.org/article/congresswoman-calls-for-review-of-purple-heart-decisions
There has been some confusion on whether a veteran with a Traumatic Brain Injury is entitled to a Purple Heart. In a sign of confusion over the issue, the Pentagon's chief spokesman said last week that soldiers with concussions were not eligible for the Purple Heart. DOD then took the position that "While not every service member exposed to IED blasts will suffer the lasting consequences associated with TBI, every service member who is exposed to an enemy generated explosion and receives medical attention should receive the Purple Heart". It is reported that some Army commanders and medical officials were not award the Purple Heart for concussions. Read more about the problem below:
http://www.propublica.org/article/congresswoman-calls-for-review-of-purple-heart-decisions
Tuesday, September 21, 2010
Service Member Life Insurance
by Jim Fausone
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
Friday, September 17, 2010
The Costly Lesson of Full Disclosure to Friend of the Court
by Wendy Alton
In Michigan, child support is modifiable upon change of circumstances, and in order to modify the amount of child support, you must file a motion/request with Friend of the Court. A referee in Friend of the Court then reviews each parent’s income, health care costs, child care costs, and parenting time and makes a recommendation based upon those facts. Once a recommendation is made, each parent has an opportunity to object to the recommendation, and if there is an objection filed, the matter goes to the Judge for a formal hearing.
So what happens if during the entire process one of the parents is less than forthcoming with their income information? What happens if one parent deliberately misstates their income?
The Court of Appeals recently discussed this exact situation in Keinz v Keinz, unpublished opinion per curiam of the Court of Appeals, issued September 16, 2010 (Docket No. 292781).
In Keinz v Keinz, a modification request was filed by the mother 3 years after the divorce was final. At the referee hearing, the father not only stated that his gross annual income was $41k, he produced a letter from his employer indicating the same thing. The referee made a recommendation, and the mother objected to that recommendation. Eventually a full evidentiary hearing was held by the Judge, at which time it was discovered that the father actually earned $81k annually, double the income he asserted at the referee hearing.
The father’s justification was that he was working overtime, but that due to his health, he didn’t expect to work any more overtime. However, it was discovered that at the time that he asserted that he would only earn $41k annually, he had already earned $40k and only half the year was over.
The mother asked the Court to make the father pay for her attorney fees stating that his position/defense was frivolous, which means that the father asserted a position that he knew was not true. While the trial court initially denied the mother’s request for attorney fees, the Court of Appeals determined that the father deliberately deceived the referee by offering evidence that he knew was not true. The Court of Appeals determined that the father’s position in the child support hearings was truly frivolous and because the mother ultimately prevailed with a higher child support amount (albeit after numerous court hearings), the father was responsible for paying the mother’s attorney fees.
The cost for deliberately deceiving Friend of the Court: paying for two attorneys.
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
In Michigan, child support is modifiable upon change of circumstances, and in order to modify the amount of child support, you must file a motion/request with Friend of the Court. A referee in Friend of the Court then reviews each parent’s income, health care costs, child care costs, and parenting time and makes a recommendation based upon those facts. Once a recommendation is made, each parent has an opportunity to object to the recommendation, and if there is an objection filed, the matter goes to the Judge for a formal hearing.
So what happens if during the entire process one of the parents is less than forthcoming with their income information? What happens if one parent deliberately misstates their income?
The Court of Appeals recently discussed this exact situation in Keinz v Keinz, unpublished opinion per curiam of the Court of Appeals, issued September 16, 2010 (Docket No. 292781).
In Keinz v Keinz, a modification request was filed by the mother 3 years after the divorce was final. At the referee hearing, the father not only stated that his gross annual income was $41k, he produced a letter from his employer indicating the same thing. The referee made a recommendation, and the mother objected to that recommendation. Eventually a full evidentiary hearing was held by the Judge, at which time it was discovered that the father actually earned $81k annually, double the income he asserted at the referee hearing.
The father’s justification was that he was working overtime, but that due to his health, he didn’t expect to work any more overtime. However, it was discovered that at the time that he asserted that he would only earn $41k annually, he had already earned $40k and only half the year was over.
The mother asked the Court to make the father pay for her attorney fees stating that his position/defense was frivolous, which means that the father asserted a position that he knew was not true. While the trial court initially denied the mother’s request for attorney fees, the Court of Appeals determined that the father deliberately deceived the referee by offering evidence that he knew was not true. The Court of Appeals determined that the father’s position in the child support hearings was truly frivolous and because the mother ultimately prevailed with a higher child support amount (albeit after numerous court hearings), the father was responsible for paying the mother’s attorney fees.
The cost for deliberately deceiving Friend of the Court: paying for two attorneys.
If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Michigan May be First to Implement Roadside Drug Testing
by Melissa Cox
On September 8, 2010 a bill was introduced to the Legislature that would authorize police to administer a roadside saliva test to check drivers for illegal drug use. The test would be similar, in theory, to the preliminary breath tests used to test for alcohol when an officer stops a driver suspected of being intoxicated.
In Michigan, the presence of any level of an illegal drug is grounds for a charge of operating with the presence of drugs. However, when an officer has probable cause that a driver is on drugs, confirmation often requires a search warrant and hospital-administered blood testing.
http://www.freep.com/article/20100909/NEWS06/9090347/Michigan-may-be-1st-to-adopt-roadside-drug-testing
In Michigan, the presence of any level of an illegal drug is grounds for a charge of operating with the presence of drugs. However, when an officer has probable cause that a driver is on drugs, confirmation often requires a search warrant and hospital-administered blood testing.
http://www.freep.com/article/20100909/NEWS06/9090347/Michigan-may-be-1st-to-adopt-roadside-drug-testing
Thursday, September 16, 2010
Insurance Death Benefits Greed
by Jim Fausone
Upon the death of a service member, his or her family is entitled to death benefits from service life insurance. The financial press recently broke the story that Prudential Financial did not pay the lump sum to the families as expected. Instead, Prudential Financial Inc. would withhold lump-sum payments of life insurance benefits for survivors of fallen service members. The families, which were entitled to lump sums, were simply given checks to draw down on the amounts owed.
Prudential held $662 million of survivors’ money in its corporate general account as of June 30, according to information provided by the VA. Prudential’s general account earned 4.2 percent in 2009, mostly from bond investments, according to regulatory filings. The company has paid survivors holding Alliance Accounts 0.5 percent in 2010. This is financial greed at its worse. The company earned 3.7% on other people’s money.
If you know someone in this situation, have them contact us. The victims of this greed need to consider a class action to make Prudential pay the ill-gotten gains to the families of our fallen American heroes.
http://www.bloomberg.com/news/2010-09-14/how-prudential-cut-a-deal-with-the-va.html
Upon the death of a service member, his or her family is entitled to death benefits from service life insurance. The financial press recently broke the story that Prudential Financial did not pay the lump sum to the families as expected. Instead, Prudential Financial Inc. would withhold lump-sum payments of life insurance benefits for survivors of fallen service members. The families, which were entitled to lump sums, were simply given checks to draw down on the amounts owed.
Prudential held $662 million of survivors’ money in its corporate general account as of June 30, according to information provided by the VA. Prudential’s general account earned 4.2 percent in 2009, mostly from bond investments, according to regulatory filings. The company has paid survivors holding Alliance Accounts 0.5 percent in 2010. This is financial greed at its worse. The company earned 3.7% on other people’s money.
If you know someone in this situation, have them contact us. The victims of this greed need to consider a class action to make Prudential pay the ill-gotten gains to the families of our fallen American heroes.
http://www.bloomberg.com/news/2010-09-14/how-prudential-cut-a-deal-with-the-va.html
Tuesday, September 14, 2010
New PTSD Rule - New Problem
by Jim Fausone
As many VA watchers know, VA adopted a new law "Relaxation of Evidentiary Standard for Establishing In Service Stressors in Claims for PTSD" dated July 13, 2010.
We at Legal Help for Veterans, PLLC have received the first rating decision taking this law into account. The VA conceded the Vietnam Vet's stressor exposure based on the new rule. This Army veteran had a Vietnam Service Medal and Campaign Medal. VA granted a 10% rating and set an effective date of July 13, 2010. VA did not evaluate the stressors under the old law. If it had, the effective date would have been 9 months earlier. Is this going to be the way VA handles these PTSD cases? VA concedes the stressor under the new law and does not evaluate or give an effective date back to the filing of the claim. It seems to me this is improper when the law was changed to make VA's life easier not to swindle vets on the effective date and retro payments.
Yes, we are going to appeal. I believe the Court will remand and make VA look back to the date of filing the claim using the old law.
We at Legal Help for Veterans, PLLC have received the first rating decision taking this law into account. The VA conceded the Vietnam Vet's stressor exposure based on the new rule. This Army veteran had a Vietnam Service Medal and Campaign Medal. VA granted a 10% rating and set an effective date of July 13, 2010. VA did not evaluate the stressors under the old law. If it had, the effective date would have been 9 months earlier. Is this going to be the way VA handles these PTSD cases? VA concedes the stressor under the new law and does not evaluate or give an effective date back to the filing of the claim. It seems to me this is improper when the law was changed to make VA's life easier not to swindle vets on the effective date and retro payments.
Yes, we are going to appeal. I believe the Court will remand and make VA look back to the date of filing the claim using the old law.
Monday, September 13, 2010
Permanent Disability
by Jim Fausone
If you have a disability rating from VA, the first step is done. But you will want to get rated at 100% permanently disabled if appropriate. It is just one way that a disabled vet can take care of his family now and in the future. Without that designation, the vet’s family is not eligible for many benefits including medical insurance or college costs. Also, the VA may not pay a survivor's benefit to the surviving spouse unless they can prove the vet’s death is directly related to his military service. Most vets don't want their spouse to have to fight the VA. A recent article is worth reading on this subject.
http://www.stltoday.com/news/local/metro/article_6ee6516a-d8c5-55ab-a850-e7700f4cf26b.html
http://www.stltoday.com/news/local/metro/article_6ee6516a-d8c5-55ab-a850-e7700f4cf26b.html
Friday, September 10, 2010
Personality Disorder Misdiagnosis
by Jim Fausone
We see soldiers discharged for or diagnosed with "personality disorder" all too often in our veteran disability practice. As a result, the veteran is not going to receive VA benefits. Personality disorder is a "preexisting condition" so there will be no grant of VA disability compensation. After an article in The Nation magazine, the Defense Department changed its policy and began requiring a top-level review of each case to ensure post-traumatic stress or a brain injury wasn't the underlying cause rather than a pre-existing condition. The Army had been discharging 1000 vets per year with personality disorder. However, the annual number of personality disorder cases dropped by 75% after the new policy was implemented. Only 260 soldiers were discharged on those grounds in 2009.
At the same time, the number of post-traumatic stress disorder cases has soared. By 2008, more than 14,000 soldiers had been diagnosed with PTSD - twice as many as two years before. The Army is now looking at if it misdiagnosed and discharged thousands of veterans in the last few years. The article attached discusses this problem and highlights the need to challenge a VA denial of claims for personality disorder.
http://www.usatoday.com/news/health/2010-08-15-incorrect-ptsd-dismissals_N.htm
We see soldiers discharged for or diagnosed with "personality disorder" all too often in our veteran disability practice. As a result, the veteran is not going to receive VA benefits. Personality disorder is a "preexisting condition" so there will be no grant of VA disability compensation. After an article in The Nation magazine, the Defense Department changed its policy and began requiring a top-level review of each case to ensure post-traumatic stress or a brain injury wasn't the underlying cause rather than a pre-existing condition. The Army had been discharging 1000 vets per year with personality disorder. However, the annual number of personality disorder cases dropped by 75% after the new policy was implemented. Only 260 soldiers were discharged on those grounds in 2009.
At the same time, the number of post-traumatic stress disorder cases has soared. By 2008, more than 14,000 soldiers had been diagnosed with PTSD - twice as many as two years before. The Army is now looking at if it misdiagnosed and discharged thousands of veterans in the last few years. The article attached discusses this problem and highlights the need to challenge a VA denial of claims for personality disorder.
http://www.usatoday.com/news/health/2010-08-15-incorrect-ptsd-dismissals_N.htm
Friday, September 3, 2010
Fausone Bohn Helps Local Business Obtain Former Wheel Plant
by Andrea Hayden
An article in the Livingston Daily recently highlighted the purchase by a local business of a former wheel manufacturing plant in Howell, Michigan. The plant had been mothballed by Kelsey-Hayes Lemmerz, and vacant for over five years. The purchase of the property by Regal Recycling will give the area a needed stimulus with the addition of jobs and an operating presence at the facility. Howell Township Clerk, Carolyn Eaton, stated that “[h]aving a building of that size operating adds some value to the town. We don’t like to see any of our buildings empty.” This is certainly a common sentiment among Michigan residents considering that “for sale or lease” signs have become a common adornment to building facades across the state.
With such a surplus of property on the market, and property values having plummeted, if you’re looking to buy it would seem that now is a great time to find a deal. This may be true, however, oftentimes the purchase of property such as the former Kelsey-Hayes Wheel plant is complicated by the presence of bankruptcy, tax, environmental, or other legal issues that must be dealt with as part of the purchase. Fausone Bohn acted as legal counsel to Regal Recycling throughout the purchase of the former wheel plant, providing guidance on complex legal issues encountered throughout the transaction, including issues involving the adjacent Shiawassee River – a Superfund Site listed on the U.S. EPA’s National Priorities List.
If you are considering the purchase of commercial or industrial property, whether it be a Superfund site or the local welding shop down the road, and are interested in learning more about real estate transactions in Michigan, please call Paul Bohn or Andrea Hayden at 248-380-0000, or e-mail them at pbohn@fb-firm.com and ahayden@fb-firm.com
Read more about the former Kelsey-Hayes Wheel Plant purchase at: http://www.livingstondaily.com/apps/pbcs.dll/article?AID=/201009020500/NEWS01/100902001
An article in the Livingston Daily recently highlighted the purchase by a local business of a former wheel manufacturing plant in Howell, Michigan. The plant had been mothballed by Kelsey-Hayes Lemmerz, and vacant for over five years. The purchase of the property by Regal Recycling will give the area a needed stimulus with the addition of jobs and an operating presence at the facility. Howell Township Clerk, Carolyn Eaton, stated that “[h]aving a building of that size operating adds some value to the town. We don’t like to see any of our buildings empty.” This is certainly a common sentiment among Michigan residents considering that “for sale or lease” signs have become a common adornment to building facades across the state.
With such a surplus of property on the market, and property values having plummeted, if you’re looking to buy it would seem that now is a great time to find a deal. This may be true, however, oftentimes the purchase of property such as the former Kelsey-Hayes Wheel plant is complicated by the presence of bankruptcy, tax, environmental, or other legal issues that must be dealt with as part of the purchase. Fausone Bohn acted as legal counsel to Regal Recycling throughout the purchase of the former wheel plant, providing guidance on complex legal issues encountered throughout the transaction, including issues involving the adjacent Shiawassee River – a Superfund Site listed on the U.S. EPA’s National Priorities List.
If you are considering the purchase of commercial or industrial property, whether it be a Superfund site or the local welding shop down the road, and are interested in learning more about real estate transactions in Michigan, please call Paul Bohn or Andrea Hayden at 248-380-0000, or e-mail them at pbohn@fb-firm.com and ahayden@fb-firm.com
Read more about the former Kelsey-Hayes Wheel Plant purchase at: http://www.livingstondaily.com/apps/pbcs.dll/article?AID=/201009020500/NEWS01/100902001
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