A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. And by having an experienced contract law attorney in your […]
A collateral lien may exclude some categories of collateral. This is of particular concern if a piece of property changes from one category to another. In this video presentation, Charles B. Jimerson and two additional attorneys provide a thorough explanation of purchase money security interest (also known as PMSI). Additionally, the speakers […]
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 […]
Many laws have been passed in both the United States and the State of Florida to protect the rights of consumers. As a result, it is incumbent on you to apply policies in your organization to avoid a consumer protection violation. But understanding these protections comes first. This visual presentation […]
Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes. Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law. In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately […]
In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion with lawyers and the Judiciary as the procedure set forth […]
Recently, the Supreme Court held that an entity collecting on debt that was in default and purchased for the debt purchaser’s own account in not subject to the Fair Debt Collection Practices Act (the “FDCPA” or the “Act”) because it does not constitute a debt collector as defined in the […]
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-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 […]
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 […]