Following up on my What’s the Difference Between a Trademark, Copyright, and Patent? blog post, I’ve been meaning to write about trade dress for a while. I even flagged it in my What Can’t Be Trademarked post as something that deserves more detailed discussion. So here it is. Trade dress […]
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 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 […]
This checklist ensures homeowners gather all required documentation before submitting a claim to the Florida Homeowners’ Construction Recovery Fund. 1. Eligibility Confirmation [ ] Final judgment, arbitration award, or CILB restitution order based on contractor misconduct under Fla. Stat. §489.129(1)(g), (j), or (k). [ ] Contractor held a valid license […]
For Florida small and mid-sized businesses (SMBs), timely and complete payment is essential to maintaining operations and growth. While non-payment of invoices can certainly disrupt cash flow, it is often unclear or incomplete invoices and vague payment terms that lead to costly legal disputes. This blog explores how vague invoicing […]
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 […]