Tag Archives: Bankruptcy Law

Florida’s Consumer Collection Practices Act (FCCPA) Part 2: Implementing Safeguards and Internal Procedures to Establish a Bona Fide Error Defense to Violations of the FCCPA

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 … Read Full Post

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Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA

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 … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Construction Industry Law Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , , , , ,

Bankruptcy 101: What Secured Lenders Need to Know About Common Bankruptcies

Bankruptcy filings indicate a debtor’s lack of working capital and, justifiably so, strike concern into any lender still hanging on to a promise of payment from their debtor. But, depending on the creditor’s agreement with the debtor and the creditor’s … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog, Florida Business Litigation Blog Practice Areas: , ,

Treatment of Commercial Leases in Bankruptcy

The novel coronavirus pandemic and related government “stay at home” and “shelter in place” orders are causing serious negative financial impacts to business of all types.  Many of the hardest hit industries, such as restaurants and retailers, are industries in … Read Full Post

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The Fair Credit Reporting Act

This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act.  The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post

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Exit Strategy: What Are Considerations For Preparing To Sell My Business?

Selling your business is one of the most important decisions you will ever make.  The reasons for selling your business can vary.  It can be a well planned event culminating decades of hard work, it can occur quickly due to … Read Full Post

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New Florida Statute Provides Lenders With A Remedy In A Foreclosure Proceeding Against Borrowers Who Declare Bankruptcy

Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding.  Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a … Read Full Post

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Are Actual Fraudulent Transfer Judgments Dischargeable In Bankruptcy?

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

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Arbitration Guide: Understanding The Process And Its Advantages

One of the biggest legal mysteries for non-lawyers, even for experienced and sophisticated businesspeople, is the process of arbitration.  The term gets used a lot, but few actually know what the process entails, and most people are usually apprehensive about … Read Full Post

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Collections Law: Necessary Steps To Perfect And Collect The Judgment

Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively … Read Full Post

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