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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Monthly Archives: December 2012

Liens for Interior Design Services

December 12, 2012 Construction Industry Legal Blog

The profession of interior design has been a consequence of the continued development of interior space and complex architecture.  Typically, the interior designer is tangential to the overall design team of a construction project.  The pursuit of effective use of space is of primary importance and functional design has contributed […]

A Creditor’s Perspective on Avoiding the Bankruptcy Code’s Automatic Stay

December 12, 2012 Banking & Financial Services Industry Legal Blog

By Hans Wahl, Esquire

The first consideration for creditors during bankruptcy proceedings is the Automatic Stay provision of the Bankruptcy Code. Section 362 of the United States Bankruptcy Code provides the provisions governing the Automatic Stay. The Automatic Stay works as an immediate “injunction” that halts all actions by creditors and potential creditors to collect on pre-bankruptcy debts from a debtor who has declared bankruptcy.

The Automatic Stay applies in all bankruptcy proceedings, including Chapters 7, 11 and 13, and this provision is invoked automatically and immediately upon the debtor filing for bankruptcy. The Automatic Stay is a benefit to debtors because once invoked it works to immediately stop all actions and proceedings to recover claims against the debtor. Conversely, it is a detriment to creditors as they can no longer continue with either collection efforts or legal action for their claims against the debtor.

However, there are exceptions to the Automatic Stay which provide relief to creditors. For creditors seeking to avoid the Automatic Stay, there are three subsections of Section 362, which can be invaluable if taken advantage of properly. These include §§§ 362(b), (d) & (f), which can be considered the creditor’s best allies within the Bankruptcy Code.

Tortious Interference With Advantageous Business Relationship: When Does Competition Become Interference?

December 12, 2012 Professional Services Industry Legal Blog

Competition is the rivalry among sellers trying to achieve the objectives of increasing profits, market share, and sales volume by varying the elements of the marketing: price point, product identity, distribution levels, and promotion. Merriam-Webster defines competition in business as “the effort of two or more parties acting independently to […]

Attorney Charles Jimerson Selected to Serve on 2013 Board of Directors of the Northeast Florida Builders Association

December 10, 2012 Press Room

Jacksonville, Fla. – December 10, 2012 – Attorney Charles Jimerson, managing shareholder of Jimerson & Cobb, P.A., has been selected to serve on the 2013 Board of Directors of the Northeast Florida Builders Association (NEFBA). “I look forward to further serving NEFBA and employing my background in construction law for […]

Condominium Construction Defect Certification Under 718.301(7), Florida Statutes

December 6, 2012 Community Association Industry Legal Blog

Condominium living is a way of life in Florida and condominium associations are creatures of the Florida Statutes.  “The peculiar features of condominium development, ownership, and operation require the providing of procedural vehicles for handling disputes affecting condominium unit owners concerning matters of common interest”.  Avila South Condo Ass’n, v. […]

Termination of an LLC Member Upon Bankruptcy Filing

December 4, 2012 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

What happens to the rights of a member of a limited liability company when that member files bankruptcy?  In Florida, that member is automatically terminated from membership in the LLC and any remaining interests in the LLC become property of the bankruptcy Trustee.  But is it really that simple? Limited […]

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