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Author: Brandon C. Meadows, Esq.

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 Transfer Remedies & Defenses Under FUFTA

August 2, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Videos

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 rights everyday. This video presentation was recorded by Jimerson Birr […]

Right to Compensation: Are Signs and Billboards Subject to Eminent Domain in Florida?

July 30, 2018 Florida Eminent Domain Law Blog

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 nearby major interstates.  Some property owners may wish to advertise […]

Right to Compensation: Are Light, Air, Views and Access Subject to Eminent Domain in Florida?

June 18, 2018 Florida Eminent Domain Law Blog

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 Florida, the owner is entitled to full compensation.  Likewise, if […]

Right to Compensation: Are Trees and Crops Subject to Eminent Domain in Florida?

June 15, 2018 Florida Eminent Domain Law Blog

“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 property? Any taking of an interest in your property—no matter […]

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.

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