The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed […]
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 collect the judgement due–but without violating federal or state laws […]
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 explains the automatic stay as set forth in the U.S. […]
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 […]
The construction industry has rebounded following the recession of 2008. Therefore, there is a greater demand for builders and their work than we’ve seen in years. Having a clear, thorough, binding construction contract helps to ensure that both the contractor and the client know what to expect. It also helps […]
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 […]
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 […]
Once the creditor obtains a decree from the court that the debtor made a fraudulent transfer, the creditor may collect on its claim under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”), which provides creditors with various remedies. See a previous blog post on the various remedies under FUFTA, Remedies for Creditors […]
Creditors may become frustrated when they discover a debtor has engaged in an unfair transaction that hampers their ability to collect payment. However, creditors are not without remedy in the event that there has been some funny business with the debtor’s finances. Regardless of the debtor’s intentions behind the questionable […]