The United States Supreme Court recently addressed an issue that has surfaced repeatedly in large Chapter 11 cases involving mass tort liabilities and complex insurance programs. In Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., 602 U.S. 268 (2024), the Court unanimously held that insurers whose financial exposure may be […]
The United States Supreme Court recently issued a significant decision limiting a bankruptcy trustee’s ability to recover alleged fraudulent transfers from the federal government. In United States v. Miller, 145 S. Ct. 839 (2025), the Court held that a trustee may not use Section 544(b) of the Bankruptcy Code to […]
For a creditor, filing a proof of claim is the foundation of recovery in bankruptcy. It is the official statement to the court of how much you are owed and why. In many cases it is required before a creditor can receive any distribution from the estate. Yet filing a […]
Bankruptcy cases move quickly and creditors who fail to monitor developments often lose critical rights. From asset sales and executory contracts to lien enforcement and debtor motions, each stage can affect how much you recover. For landlords, lessors, vendors, banks, credit unions, and private lenders, knowing what to watch for […]
When a business files for bankruptcy, one of the first questions creditors ask is whether their claims will survive the process. The answer depends on the scope of the bankruptcy discharge. While debtors often view the discharge as their “fresh start,” for creditors it is the dividing line between debts […]
When a company files for bankruptcy, there is almost never enough money to satisfy everyone. Creditors of all types such as banks, landlords, lessors, vendors, and taxing authorities submit claims against the estate. Because resources are limited, the bankruptcy system must decide not only who gets paid, but in what […]
When a business files for bankruptcy, creditors expect to recover only a fraction of what they are owed. Yet the surprise for many creditors is not simply the loss of future payments, but the demand to return payments already received. These lawsuits, commonly called preference actions, are among the most […]
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, […]
Part 1 of this series provided an overview of Florida’s Consumer Collections Practices Act (FCCPA) and explained why it is imperative for all business owners to be aware of, and understand, the FCCPA. This article explores Section 559.77’s bona fide error defense and how businesses can be prepared to defend […]
All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”). The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes. The FCCPA is intended to protect consumers and is intentionally unfair to creditors. See §559.552, Fla. Stat. (2019); Kelly v. Duggan, […]