StokesLaw™ Briefs

On July 25, 2016, in Bero v. Name Intelligence, Inc., the Washington Court of Appeals held that a receivership could be terminated without resolving all timely filed claims. Tom Lerner explains how creditors who want to be sure that their claims are adjudicated in a receivership will have to take a more active role in the litigation than has typically been required.

This is Part 2 in a two-part series on creditors' claims on estates. Part 1 reviewed the basics for filing creditors' claims against an estate. This segment reviews the process for filing a suit when a claim is rejected.

This is the first installment in a two-part series addressing creditor claims against an estate. This segment reviews how to file a creditor's claim with an estate when the decedent owes a debt.

The Washington Court of Appeals summarized settled law governing the interplay between an installment promissory note secured by a deed of trust, a bankruptcy discharge, and the statute of limitations. Tom Lerner describes how the court also clarified that service of a foreclosure notice of default is enough to stop the statute of limitations from running.

On July 7, 2016, the Washington State Supreme Court held that certain provisions common in Deeds of Trust run contrary to Washington statute and are unenforceable. Chris Graving explains how this decision limits lenders' ability to non-judicially protect their real property collateral pending foreclosure.

On June 28, 2016, the U.S. Supreme Court declined to review a much-publicized ruling from the D.C. Court of Appeals, sending a clear message that companies which provide in-home caregivers to assist independent living are no longer exempt from receiving overtime pay. Aviva Kamm explains what that means to these employers.