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Yearly Archives: 2018

Do Homeowners Have a Duty to Disclose Potential Eminent Domain Proceedings When Selling Their Property?

September 20, 2018 Florida Eminent Domain Law Blog

In many cases, property owners become aware that eminent domain proceedings will affect their property, but owners are often surprised to learn how long the process takes.  Major government projects can take years of budgeting, engineering, and planning before the first parcel is ever taken by eminent domain. Early in […]

Are Actual Fraudulent Transfer Judgments Dischargeable in Bankruptcy?

September 17, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, [or] services . . . to the extent obtained by . . . false pretenses, a false representation, […]

Fraudulent Transfers 101: What You Need to Know When Following the Money Trail

September 14, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets.  In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed […]

An Insider’s Perspective on Navigating the Florida DBPR Regulatory and Professional Boards

September 12, 2018 Construction Industry Legal Blog

Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state.  Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida.  The Florida DBPR is […]

Magnuson-Moss Warranty Act and Arbitration Agreements

September 10, 2018 Florida Business Litigation Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]

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