System Soft Technologies, LLC v. Artemis Technologies, Inc.
Michigan Court of Appeals
837 N.W.2d 449 (2013)
- Written by Rich Walter, JD
Facts
Summit Community Bank (Summit) held a perfected security interest in the accounts receivable and other assets that Artemis Technologies, Inc. (Artemis) (defendant) used as collateral to secure a loan from Summit. Summit’s security agreement with Artemis confirmed all the rights of a secured creditor under the Uniform Commercial Code (UCC). In addition, the security agreement stipulated that Summit “shall have and may exercise” any or all other rights and remedies available to lenders. Artemis could not keep up with its loan repayments. Summit knew that Artemis could repay its debt only by remaining in business. Therefore, Summit entered into a forbearance agreement that declared Artemis in default and accelerated Artemis’s payment schedule but that also suspended Summit’s right to foreclose on Artemis’s assets. Thereafter, Artemis made timely payments on its loan balance. In the meantime, System Soft Technologies, LLC (SST) (plaintiff) obtained a trial court’s judgment against Artemis on an unrelated matter. SST attempted to execute that judgment by serving court writs to garnish Artemis’s accounts receivable. Summit moved to intervene in the case. The court granted the motion, as well as a temporary restraining order staying execution of the garnishment writs. SST appealed to the Michigan Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.