Evan Carmichael Legal Articles Recent Articles From EvanCarmichael.com http://www.evancarmichael.com/ http://www.evancarmichael.com/Legal/2147/Contract-War-Stories-from-the-Trenches.html http://www.evancarmichael.com/Legal/2147/Contract-War-Stories-from-the-Trenches.html Contract War Stories from the Trenches Yes, indeed, oral business contracts are enforceable… but written contracts are preferable. If I offer to sell you my product for a specific dollar amount, you pay the amount asked, and I deliver to you my product... voila, we have completed our contract! Would that they were all so smooth (hint: they aren't). http://www.evancarmichael.com/Legal/4847/Due-Diligence--An-Overview.html http://www.evancarmichael.com/Legal/4847/Due-Diligence--An-Overview.html Due Diligence - An Overview The author, John Franczyk, presents a summary of the areas that should be reviewed during a due diligence review of a contracting counterpart. http://www.evancarmichael.com/Legal/4547/When-Should-I-Consider-Filing-for-Bankruptcy.html http://www.evancarmichael.com/Legal/4547/When-Should-I-Consider-Filing-for-Bankruptcy.html When Should I Consider Filing for Bankruptcy? “A person is insolvent whenever the aggregate of his property is not sufficient to pay his debts” – First State Bank v. Sibley County Bank, 105 N.W. 485 http://www.evancarmichael.com/Legal/4547/What-Are-The-Limitations-of-Filing-for-Bankruptcy.html http://www.evancarmichael.com/Legal/4547/What-Are-The-Limitations-of-Filing-for-Bankruptcy.html What Are The Limitations of Filing for Bankruptcy? “A bankruptcy court is without jurisdiction to adjudicate controversies over property in the possession of an adverse party without the consent of such party.” - In re St. Cloud Tool and Die Co, 533 F.2d 313 http://www.evancarmichael.com/Legal/4847/Anatomy-of-a-Financial-Fraud--Part-II.html http://www.evancarmichael.com/Legal/4847/Anatomy-of-a-Financial-Fraud--Part-II.html Anatomy of a Financial Fraud - Part II The author,John Franczyk, discusses general principles which businesses can follow to avoid becoming victims of fraud. http://www.evancarmichael.com/Legal/4847/Anatomy-of-a-Financial-Fraud--Part-I.html http://www.evancarmichael.com/Legal/4847/Anatomy-of-a-Financial-Fraud--Part-I.html Anatomy of a Financial Fraud - Part I The author, John Franczyk, recounts how he and his client uncovered a scheme which, had it been successful, would have defrauded the client ou of several million dollars. http://www.evancarmichael.com/Legal/4816/Employee-Theft-Investigation----A-Practical-Guide.html http://www.evancarmichael.com/Legal/4816/Employee-Theft-Investigation----A-Practical-Guide.html Employee Theft Investigation. A Practical Guide. Employee theft is responsible for over $600B loss to business each year. This article outlines some basic information about employee theft, awareness areas, and how investigations are resolved. http://www.evancarmichael.com/Legal/2147/Handle-With-Care-Employee-Personnel-Records.html http://www.evancarmichael.com/Legal/2147/Handle-With-Care-Employee-Personnel-Records.html Handle With Care: Employee Personnel Records! When a client begins a conversation with the words, "So I got a letter from the Attorney General's office," it is rarely cause for celebration. Knowing, however, that clients prefer calm responses and reassuring attitudes and, in all fairness, that even this unhappy circumstance may very well be addressed without litigation and penalties, I do my best to remain unruffled. http://www.evancarmichael.com/Legal/4547/What-is-the-difference-between-a-Chapter-7-and-a-Chapter-13-bankruptcy.html http://www.evancarmichael.com/Legal/4547/What-is-the-difference-between-a-Chapter-7-and-a-Chapter-13-bankruptcy.html What is the difference between a Chapter 7 and a Chapter 13 bankruptcy? Sometimes you get into severe financial straits and have to rely on bankruptcy. When this unfortunate happenstance occurs, which form of bankruptcy do you choose? The two major forms of bankruptcy for consumers are Chapter 7 and Chapter 13. Each of these bankruptcy forms are designed to ease and remove debts from you, while at the same time paying off the bills as much as possible. http://www.evancarmichael.com/Legal/3761/Entrepreneurs-Caution-Customers-that-Boaters-Who-Ignore-Common-Sense-Drown-in-Their-Own-Foolishness.html http://www.evancarmichael.com/Legal/3761/Entrepreneurs-Caution-Customers-that-Boaters-Who-Ignore-Common-Sense-Drown-in-Their-Own-Foolishness.html Entrepreneurs Caution Customers that Boaters Who Ignore Common Sense Drown in Their Own Foolishness Entrepreneurs in the boating industry understand their customers face possible accidents and fatalities whenever they are on the water. Entrepreneurs want boaters to understnad that if they ignore common sense on the water they will drown in their own ignorance.