Author Archives: Brandon C. Meadows, Esq.
Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant … Read Full Post
Do Homeowners Have A Duty To Disclose Potential Eminent Domain Proceedings When Selling Their Property?
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 … Read Full Post
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, … Read Full Post
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 … Read Full Post
There are fraudulent transfer remedies available to creditors, whether their claims are liquidated, mature or immature. But what fraudulent transfer defenses are likely, for debtors or creditors alike? Asset protection professionals involved with estates and trusts grapple with understanding these … Read Full Post
Sign, sign, everywhere a sign. Businesses all over Florida use signs and billboards to advertise their brands and products to the consuming public. Private landowners can make money by granting easements to outdoor advertising companies, which construct billboards on property … Read Full Post
Location, location, location. People pay big money for property with open air, great lighting and incredible views. Sometimes a government project infringes upon those valuable qualities so much that it is deemed a taking. If they assert eminent domain in … Read Full Post
“Full compensation” is designed to make the property owner whole at an eminent domain proceeding. It’s as if the condemnation never occurred and the owner voluntarily sold the property. But what if the condemning authority takes something less than the entire … Read Full Post
“Full compensation” is designed to make the property owner whole, as if the condemnation never occurred, and the owner voluntarily sold the property. Read Full Post
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