Monthly Archives: December 2012

Riparian Rights in Florida

Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations.  When it comes to private waterfront property ownership, it can be difficult to distinguish where the private land rights cease and the sovereign land … Read Full Post

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Liens for Interior Design Services

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 … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

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

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. Read Full Post

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

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 … Read Full Post

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

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 … Read Full Post

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Condominium Construction Defect Class Actions

Condominium living is a way of life in Florida and condominium associations are creatures of the Florida Statutes. A condominium association’s capacity to sue or be sued is one of the enumerated rights created under Chapter 718.  However, it is … Read Full Post

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Termination of an LLC Member Upon Bankruptcy Filing

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 … Read Full Post

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