Reaffirming Debts in Order to Keep Vehicles after Filing Bankruptcy

In Roberson v. Ford Motor Credit Co. LLC the Maryland Court of Appeals held that Creditors can require that individuals filing bankruptcy execute reaffirmation agreements if those filers or debtors want to keep their motor vehicles. Reaffirmation agreements “reaffirm” the original contract terms. Thus, the debtor signing the reaffirmation agreement, is on the hook for any deficiency if their vehicle is repossessed after bankruptcy for […]

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The importance of a construction business owner establishing a relationship with an attorney

I have had situations where clients obviously did work and were obviously owed money; however, they neglected to register their company in the state where they needed to bring their case. As a result, they lost their cases. These cases provide an example of one of the snares among many in the minefield of legal technicalities out there. Avoiding being entrapped by a law, rule […]

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Paid when paid/ Paid if paid/ Flow through contract clauses

They are the lifeblood of general contractors and despised by subcontractors. Flow through agreements provide for payment of a subcontractor when or if a general contractor is paid. Contractors will tell you they need flow through clauses in their contracts, for among other reasons, to insure that their subs do work which satisfies the owner. Subs will tell you that flow through clauses provide contractors […]

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Subcontractor not Responsible for injuries caused by OSHA/ MOSHA violation after leaving job

In the recent case of C & M Builders, LLC v. Strub the Maryland Court of Appeals held that a framing subcontractor was not responsible for injuries caused by OSHA/MOSHA violations when it had left the job for three weeks and had surrendered control of the jobsite to allow work to be performed by other subcontractors. In C & M Builders the framing subcontractor cut holes in the floors of a […]

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