Tag Archives: Bankruptcy Law
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
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
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
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
The Bankruptcy Code: The Automatic Stay – How It Impacts Debtors, Creditors and Trustees
What happens when a debtor is granted an automatic stay in bankruptcy court? Essentially, it halts creditors and potential creditors from trying to collect pre-bankruptcy debts. However, there are exceptions which may be relevant to your case. This video presentation … Read Full Post
Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation
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. … Read Full Post
How To Understand Purchase Money Security Interest Or PMSI And Other Categories Of Collateral That Are Excluded From A Collateral Lien
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 … Read Full Post
Litigation Privilege: It’s Practical History, Development And Application To Litigation In Florida
The litigation privilege is a broad and absolute rule, but easy to misunderstand. Therefore, review of pertinent cases in Florida can provide some clarity on when it protects certain actions. In this video presentation recorded by Adam B. Edgecombe, he … Read Full Post
Are attorney’s fees awarded for dismissed involuntary bankruptcy petitions subject to being set off by the underlying judgment?
Sometimes a creditor is bold enough to place a debtor into involuntary bankruptcy in an attempt to recover an outstanding debt. In general, most petitions are accepted as a proper filing. Read Full Post
Proving Insolvency in Fraudulent Transfer Actions
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. Read Full Post