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YVSM In The News

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 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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Emerging Issues: Creating and Perfecting Security Interests in Cryptocurrency

With cryptocurrency on the rise, new lenders, such as SALT Lending and Nexo, are entering the market and extending loans to clients for which the borrowers’ cryptocurrency is serving as collateral.  However, these lenders are requiring that the borrower transfer the digital currency to a custodian that provides multisignature wallets to “hold” the currency during…

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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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The “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.

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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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Maryland’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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