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Monthly Archives: September 2017

Are Attorney’s Fees Awarded for Dismissed Involuntary Bankruptcy Petitions Subject to Being set off by the Underlying Judgment?

September 27, 2017 Professional Services Industry Legal Blog

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. However, on the off chance that the creditor does not prevail in the contested involuntary action, and fees are […]

Proving Insolvency in Fraudulent Transfer Actions

September 25, 2017 Banking & Financial Services Industry Legal Blog

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.

Impleading Third Parties in Proceedings Supplementary

September 19, 2017 Banking & Financial Services Industry Legal Blog

Impleading third-party defendants 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. This blog […]

Jimerson Birr, P.A. Commended by National Association of State Contractors Licensing Agencies (NASCLA) in Letter to Florida Governor Rick Scott

September 8, 2017 Press Room

Dear Governor Scott, Jimerson & Cobb, P.A., is to be commended for its commitment to protecting the health, safety and welfare of the citizens in your state. Recently, the National Association of State Contractors Licensing Agencies (NASCLA) held our 55th Annual Conference in Denver, Colorado. This annual educational conference for […]

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

September 6, 2017 Banking & Financial Services Industry Legal Blog

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 provides creditors with various, nonexclusive remedies, do these remedies cover […]

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