Monthly Archives: September 2017

Are attorney’s fees awarded for dismissed involuntary bankruptcy petitions subject to being set off by the underlying judgment?

Sometimes a creditor is bold enough to place a debtor into involuntary bankruptcy in an attempt to recover an outstanding debt. In general, most petitions are accepted as a proper filing. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , ,

Proving Insolvency in Fraudulent Transfer Actions

There are two primary types of fraudulent transfers contemplated under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”)—actual fraudulent transfers and constructive fraudulent transfers. When a debtor makes a transfer with “actual intent to hinder, delay or defraud” a creditor—that is, “actual fraud” under Fla. Stat. 726.105(1)(a)—insolvency of the debtor is largely irrelevant. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , , , , ,

Impleading Third Parties in Proceedings Supplementary

Proceedings supplementary are powerful procedural mechanisms for judgment creditors with unsatisfied judgments. (See previous blog post, Florida Proceedings Supplementary 101.) However, properly impleading a potential third-party defendant under section 56.29, Florida Statutes, is a technical process that requires close attention to detail. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

Florida Proceedings Supplementary 101

Winning a lawsuit and being rewarded a money judgment does not always lead to the plaintiff’s best day. For example, Plaintiff sues Defendant for breach of contract. During the trial, Defendant realizes she may lose the case and, as a result, be forced to liquidate most of her assets to pay the money judgment. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Liability of General Contractors for Unlicensed Subcontractors

As many construction professionals are no doubt aware, when a construction project encounters problems, regardless of the reason, tensions and emotions can run high; this is doubly true when the problem results in a lawsuit by the owner of the … Read Full Post

CATEGORY: Florida Construction Industry Law Blog

Are Attorney’s Fees Available for Fraudulent Transfers in Florida?

Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. However, while FUFTA … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , , , ,