The commercial litigation practice at the Klug Law Firm is focused on providing timely and cost-effective representation to individuals, businesses, and financial institutions in Lansing and central Michigan in all manner of business and commercial disputes, including breach of contract litigation, claim and delivery actions, foreclosures, construction liens, receiverships, UCC Article 9 secured transactions, and consumer and business bankruptcy.
Breach of Contract
Klug Law Firm participates in a variety of business law matters, from corporate stock and partnership agreements to purchases, sales, and employment agreements. As attorneys handling both transactional and litigation matters, our team understands that contract disputes are an inevitable fact of doing business. Given the myriad of agreements negotiated daily among customers, employees, vendors, suppliers, and distributors, disagreements are inescapable. When disputes rise to the level of litigation, you want to be sure that your rights are protected and that the matter is resolved as favorably as possible. Klug Law Firm represents businesses and individuals in all manner of contract disputes.
Claim and Delivery
It is frustrating when debtors default on payments and cease any and all communications with creditors. Klug Law Firm represents banks and business clients throughout Michigan in claim and delivery actions to recover possession of goods which have been unlawfully taken or detained, and to recover any damages sustained. Our attorneys have extensive experience in the recovery of collateral on behalf of banks, lenders, and businesses throughout Michigan. We understand the importance of preserving collateral, whether it be the representation of financial institutions in recovering collateral from commercial and consumer loans, or recovering collateral (including: merchandise, inventory, equipment, machinery, and personal property) for businesses who deliver the collateral on the extension of credit. We are experienced in providing fast and satisfactory results for secured creditors. When litigation is the only option, we will ensure that our client’s assets are adequately protected and the debtor is held accountable for his actions. At the front end of our lawsuits, we will file a motion ordering the debtor to appear before the Judge within twenty-one (21) days of the filing of the lawsuit. Once this happens, the debtor will have to ensure the Court that our client’s assets are protected, or otherwise, the assets will be seized and turned over to our client pursuant to the Court’s Order. At this point the debtor can no longer hide from our client, and this action usually results in a negotiated a settlement, or otherwise the assets are turned over to our client. In addition, Klug Law Firm audits its clients’ collection practices and recommends and implements changes to their credit application, security documents, invoicing and/or delivery and collection practices to allow its clients the opportunity to secure and recover their collateral in claim and delivery actions. This is one of many ways our firm has been obtaining quick and satisfactory results for our clients.
A flurry of government activity in this area in recent years has helped a small number of people, but it has confused and complicated matters for a great many more with a dizzying array of programs and regulations that impact every player in the foreclosure process. Klug Law Firm represents banks, businesses and individuals in judicial foreclosures and foreclosure by advertisement proceedings brought about by a default on a mortgage, note, or security agreement.
In real estate development and construction, every day that a project is held up due to some dispute is money and opportunity lost for every party involved. Our team works to see that disputes are resolved quickly and effectively and that projects are completed satisfactorily, with work completed satisfactorily and payment made. Klug Law Firm represents homeowners, contractors, subcontractors and other parties in construction liens and mechanic’s liens proceedings involving disputes over the work performed, change orders, job site abandonment, nonpayment, and related issues.
UCC Article 9 Secured Transactions
As part of its business law practice, Klug Law Firm assists with Article 9 UCC filings in order to perfect a security interest, establish priority in debtor-creditor relations, and other important matters. When disputes arise over transactions creating a security interest in personal property or fixtures by contract, Klug Law Firm litigates the matter according to UCC rules in the appropriate state, federal or bankruptcy courts.
The appointment of a receiver over a debtor’s property can be a necessary remedy for a creditor both pre and post judgment. In Michigan, Courts have the authority to appoint a receiver over a debtor’s property to protect the rights of creditors. The appointment of a receiver allows a receiver to operate and manage the debtor’s ongoing business if it is deemed feasible and necessary while preserving the interests of the secured creditors. Our attorneys have experience in protecting secured creditors’ rights and having receivers appointed over a debtor’s property prejudgment. Situations when the appointment of a receiver prejudgment is a necessary remedy when the: (1) business should remain open to protect the interests of the secured creditors; (2) secured assets are easily disposable; (3) secured assets are easily transferable; (4) value of the secured assets can be easily diminished; (5) secured assets can be easily sold and converted to cash; and/or (6) debtor has improperly used cash proceeds. The appointment of a receiver post judgment is necessary to bring about compliance with a Court’s Orders. This can arise when a debtor: (1) continues to hide assets; (2) fails to answer post judgment discovery requests; or (3) fails to comply with post judgment relief. When necessary, our attorneys will move the Court to appoint a receiver to protect our clients’ assets and do everything possible for our clients to recover on the debt owed to them. Klug Law Firm represents banks, businesses and individuals in state receivership actions involving mortgages, liens, secured creditors, judgments and other matters implicating a security interest in property.
Klug Law Firm represents creditors, banks, businesses and individuals in Chapter 7, Chapter 11, Chapter 12, and Chapter 13 bankruptcy proceedings, including relief from stay, reaffirmation agreements, adversary proceedings, and creditors’ rights/debtor-creditor relations.
Experienced Michigan Commercial Litigation Attorneys
The lawyers at Klug Law Firm have over 38 years of combined experience litigating business and commercial disputes in state, federal and bankruptcy courts in Lansing and throughout central Michigan. For efficient and effective resolution of a business or commercial matter, contact the Klug Law Firm to meet with one of our attorneys regarding your matter.