YVSM In The News
The , A Constitutional Study
Executive Power vs. the Power of Subpoena Committee On the Judiciary, United States House of Representatives v. Donald F. McGahn[1] The proceedings leading up to the impeachment of President Trump have filled the news cycle for the last several months. One of the more interesting legal proceedings related thereto is the case brought by the…
Read MoreMaryland Court of Special Appeals Upholds Decision Under Architectural Control Covenant Prohibiting Solar Roof Panels
On August 29, 2019, the Maryland Court of Special Appeals upheld a decision under an architectural control covenant requiring homeowners to remove solar energy panels from the front portion of their roof. The published decision may be found at 2019 WL 4072132. This case was the first test of Md. Code Ann. Real Property Section…
Read MoreBankruptcy 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…
Read MoreService to Others: TJ Mulrenin’s Medical Mission Trip to the Highlands of Guatemala
On February 2, 2019, TJ Mulrenin embarked on his sixth trip to Guatemala with HELPS International, a nonprofit working across Guatemala to break the cycle of poverty with sustainable solutions in agriculture, community development, education and health care. The team of approximately one hundred volunteers from the United States consisted of doctors, nurses and health…
Read MoreMaryland 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…
Read MoreMaryland 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…
Read MoreAdvice 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…
Read MoreThe “Court” in “Bankruptcy Court”: Trial Tips from the Bench and Experienced Bankruptcy Litigation Counsel
Lawrence Yumkas presented The “Court” in “Bankruptcy Court”: Trial Tips from the Bench and Experienced Bankruptcy Litigation Counsel, along with The Honorable Thomas J. Catliota and Lawrence Katz of Hirschler, to the Maryland Bankruptcy Bar Association’s Greenbelt Chapter on November 1, 2018. To read the presentation materials, click here.
Read MoreStopped 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…
Read MoreMaryland’s Highest Court Rules on Clauses in Construction Subcontracts: “Pay-When Paid” & “Paid-If-Paid”
The Court of Appeals of Maryland recently revisited the law concerning “pay-when-paid” and “pay-if-paid” clauses in construction subcontract agreements. In Young Electrical Contractors, Inc. v. Dustin Construction, Inc., 2018 WL 2355299, __A.3d __ (2018), a subcontractor sued the general contractor for payment on a subcontract. The Circuit Court for Montgomery County granted summary judgment in…
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