Bankruptcy Court Finds that Claim Based on Maryland Construction Trust Statute Not Grounds to Except Debt from Discharge Under 11 U.s.c. § 523(A)(4)

Recently, the United States Bankruptcy Court for the District of Maryland held that an alleged violation of Maryland’s Construction Statute was not grounds for excepting the debt from discharge pursuant to 11 U.S.C. § 523(a)(4).  In re Vito, 598 B.R. 809 (Bankr. D. Md. 2019). The individual chapter 7 debtor, Sandra Vito (“Vito”), was employed…

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Maryland Court of Special Appeals Holds that the Tolling Provisions of Courts and Judicial Proceedings Section 5-202 Apply to Denial of Discharge in Chapter 7 Bankruptcy

The Maryland Court of Special Appeals recently held in Lowery v. Hoang, __ A.3d __, 2019 WL 965557 (Md. Spec. Ct. App., February 27, 2019) that creditors of debtors whose bankruptcies are dismissed or denied a discharge are entitled to the tolling provisions provided for in Md. Code Cts. & Jud. Proc. §5-202. That section…

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Get in the “Zone,” and Don’t Miss this “Opportunity:” The Emergence of Opportunity Zone Investments as a Tool to Manage Capital Gains Tax

True to their name, Opportunity Zones are creating exciting and emerging investment opportunities for those clients who wish to minimize capital gains taxes. The Tax Cuts and Jobs Act that went into effect on December 22, 2017, allows deferrals on payment of taxes on capital gains, so long as the gains were invested in a…

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Maryland Super Lawyers 2019 Recognizes Eight Yumkas, Vidmar, Sweeney & Mulrenin Attorneys

Yumkas, Vidmar, Sweeney & Mulrenin, LLC is pleased to announce that six lawyers have been selected for inclusion on the 2019 Maryland Super Lawyers list and two lawyers have been selected for inclusion on the 2019 Maryland Rising Stars list. 2019 Maryland Super Lawyers Lawrence J. Yumkas—Bankruptcy: Business James A. Vidmar—Bankruptcy: Business Paul Sweeney—Bankruptcy: Business…

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Maryland Court of Appeals Holds that Manifest Disregard of the Law is a Ground to Overturn an Arbitration Award

The Maryland Court of Appeals recently reviewed a case in which it was called upon to interpret the Maryland Uniform Arbitration Act (“MUAA”) in WSC/205LLC v. Trio Ventures, 460 Md. 244 (2018).  Specifically, the Court was asked to determine “whether a court may vacate an arbitrator’s decision for manifest disregard of applicable law” even though…

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Advice for Small Business Owners: Question Everything

You start a small business and you run forward – sometimes in a straight line, but usually not, and always at full speed.  You could be fully occupied by your creating, marketing and distributing your product or service, but you still have to worry about everything and everyone else while keeping your eye on profitability…

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Stopped Payments as Avoidable Unauthorized Post-Petition Transfers

YVSM’s Corinne Donohue Adams published an article in the American Bankruptcy Institute Journal entitled “Stopped Payments as Avoidable Unauthorized Post-Petition Transfers.” The article focuses on when liability lies for transfers or transactions under section 549 of the Bankruptcy Code. The article specifically considers In re Essex Constr. LLC, 575 B.R. 648 (Bankr. D. Md. 2017), where…

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Chambers USA 2018

Chambers USA has recognized Yumkas, Vidmar, Sweeney & Mulrenin, LLC as a noted law firm in the Bankruptcy/Restructuring category for Maryland in its 2018 legal rankings.

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