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Summary of Experience
Linda Friedland is a member of Cummings, McClorey’s Business and Labor & Employment Law Practice Groups. She has successfully defended clients such as DTE Energy Corp., First Energy Corp, and Cleveland Electric Illuminating Company against lawsuits filed by aggressive bankruptcy trustees. She has also successfully defended institutions such as Oakland Community College against employment discrimination lawsuits. She concentrates her practice in the areas of commercial litigation, contract disputes, creditor defense in bankruptcy, employment law, municipal law, trust and probate administration, estate planning, and transactional work for small and medium sized businesses.
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| Education |
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J.D. University of Detroit-Mercy, 1992
B.A. Michigan State University, 1988; General Business Administration
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| Representative
Cases |
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McTevia & Associates v. DTE Energy Company, (In Re: Blue Water Automotive Systems, Inc.), Case No. 08-43196-MBM; E.D. Mich 2010). Successfully defended DTE Energy against a bankruptcy preference action filed by an aggressive liquidation trustee. Result: DTE’s Motion for Summary Judgment was granted.
Amount Demanded By Trustee: $948,524.91; Amount paid by DTE: Zero
N.M. Holdings Company, LLC v. First Energy Solutions Corp, (U.S. Bankruptcy Court, E.D. Michigan 2006). Successfully defended First Energy against an avoidable preference lawsuit filed by the Trustee. First Energy was allowed to keep all funds received during the 90-day preference period, a savings of over $126,000.00.
N.M. Holdings Company, LLC v. Cleveland Electric Illuminating Company, (U.S. Bankruptcy Court, E.D. Michigan 2006). Successfully defended Cleveland Electric against an avoidable preference lawsuit filed by the Trustee. Cleveland Electric was allowed to keep all funds received during the 90-day preference period, a savings of over $202,000.00.
Numerous Bankruptcy Matters for DTE Energy Corporation. Successfully defended DTE Energy against avoidable preference claims, allowing DTE Energy to retain the funds it received during the 90-day preference period. Prevented Bankruptcy Court from pulling invoices for post-petition electric service into then pending Chapter 13 Plans. Obtained Orders of Non-Dischargeability for fraud claims, so that DTE Energy could continue to pursue its claims after bankruptcy.
Weber and JEVIC Enterprises, Inc. v. Dodge County Planning and Development Department, 231 Wis. 222; 604 N.W. 2d 297 (1999). Successfully represented developers Jeffrey Weber and JEVIC Enterprises, Inc. before the Wisconsin Court of Appeals. Obtained a reversal of adverse decisions from the Dodge County Circuit Court and the Dodge County Planning and Development Department regarding a final subdivision plat.
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| Additional
Jurisdictions and Court Admissions |
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Admitted in Michigan, Wisconsin and Virginia
U.S. Tax Court
U.S. District Court for the Eastern Districts of Michigan, Wisconsin and Virginia
Fourth Circuit Court of Appeals
U.S. Bankruptcy Court, for the Eastern Districts of Michigan, Wisconsin, Virginia and Illinois
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| Presentations
and Articles |
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Are You Ready To Be A Landlord? CMDA On Law Newsletter, August 2010
Small Businesses Beware: New Records Retention and Tax Reporting Requirements Under Section 9006 of the Patient Protection and Affordable Care Act; CMDA On Law Newsletter, May 2010
The Darker Side of Bankruptcy: Adversary Proceedings Against Creditors; CMDA On Law Newsletter, March 2009
Liars Beware, Courts’ Use of Contempt Powers to Punish Perjury; CMDA On Law Newsletter, March 2006
Think Carefully Before Cashing Checks on Disputed Accounts; CMDA On Law Newsletter, March 2006
The Top Ten Estate Planning Mistakes Well-Intentioned Parents Make; CMDA On Law Newsletter, June 2005
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