When a business or individual is experiencing financial distress, creditors often worry that assets may be moved out of reach before debts can be collected. Bankruptcy law provides tools to address this concern through the doctrine of fraudulent transfers. These laws are designed to ensure that assets are not hidden, […]
Bankruptcy does not mean creditors are powerless. Creditors have significant rights that can protect claims, preserve collateral, and improve recovery if asserted on time. This guide highlights the typical issues creditors face and explains why acting quickly with experienced counsel is essential. Typical Issues in Bankruptcy Litigation Fraudulent Transfers• Clawback […]
What to Know About Judicial Foreclosure, Creative Recovery Strategies, and Debt Collection Risks in Florida Florida offers robust opportunities for private lenders, but default scenarios are legally complex. A core concept is that Florida follows the lien theory of mortgages. The borrower holds title, the lender holds a lien, and […]
What You Need to Know About the “Big Beautiful Bill” and Emerging Opportunities in Graduate Lending With the passage of President Trump’s sweeping tax and spending package, the “Big Beautiful Bill,” the federal student loan system has entered a new era. While much public attention has focused on increased borrowing […]
In today’s complex financial markets, allegations of securities fraud can have significant consequences for both companies and investors. One of the most important tools in securities litigation is Rule 10b-5, which provides investors with a private right of action to recover losses caused by fraudulent conduct in securities transactions. This […]
The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. This requirement promotes fairness to the debtor and its creditors by ensuring a complete […]
Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, […]
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. As such, all businesses need to be aware of the statute and the risk and potential liability associated with […]
Over the past few years, I have seen a rising trend in consumer lawsuits alleging violations of the FCCPA relating to the residential landlord-tenant relationship. These lawsuits may also allege a violation of the Florida Residential Landlord Tenant Act (FRLTA). Oftentimes, the alleged violation is based upon a 3-day notice […]
When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. […]