Give a Guarantor Some Credit!

Posted on March 20, 2019 | John Schreiber

Before extending commercial loans, lenders will regularly require an owner or principal of a borrowing entity to personally guaranty payment of the entity’s loan obligations. It is well-settled under Wisconsin law that a personal guaranty contract is separate and distinct ...Read More »

Do Your Due Diligence

Posted on September 27, 2017 | John Schreiber

Most attorneys during their career have the opportunity or obligation to effectuate service of process of a legal document pursuant to a rule or statute. It can be in any area of the law. My practice area of creditors’ rights litigation ...Read More »

Secured Creditors Must File Bankruptcy Proofs of Claim in the Seventh Circuit

Posted on March 8, 2017 | John Schreiber

In a reversal of a decision of the U.S. Bankruptcy Court for the Northern District of Illinois, the United States Seventh Circuit Court of Appeals in In re Pajian rejected a common bankruptcy court practice of not requiring secured creditors ...Read More »

LEGISLATIVE ALERT: New Rules and Procedures Regarding Mortgage Foreclosures

Posted on April 27, 2016 | John Schreiber

Wisconsin recently enacted Act 376 modifying certain aspects of mortgage foreclosure proceedings, most notably a reduction to the period of time that owner-occupied, non-commercial property may be redeemed and the process of declaring a property abandoned.
Under current law, a ...Read More »

Attack of the Zombie Property

Posted on March 3, 2015 | John Schreiber

On February 17, 2015, the Wisconsin Supreme Court, in The Bank of New York Mellon v. Carson, 2015 WI 15, decided that, under Section 846.102 of the Wisconsin Statutes, banks and others who file mortgage foreclosure cases may be legally compelled ...Read More »

United States Supreme Court Clarifies That Notice, as Opposed to Filing a Lawsuit, Is a Proper Method of Exercising TILA Rescission Rights

Posted on January 14, 2015 | John Schreiber

In an opinion dated January 13, 2015, the Supreme Court of the United States reversed a decision of the Eighth Circuit Court of Appeals, unanimously holding that borrowers may exercise their three-year right of rescission under the Truth in Lending ...Read More »

A Pre-Closing Professional Inspection Is Essential to Preserve Remedies for Home Defects

Posted on March 29, 2007 | John Schreiber

A recent Wisconsin Court of Appeals decision, Malzewski v. Rapkin, 2006 WI App 183, demonstrates the importance of obtaining a professional inspection prior to closing on a residential home transaction. Failure to do so may, under certain circumstances, prohibit a ...Read More »

The time to have an “action plan” is before all of the action.

Author Archives: John Schreiber