Judgment Debtors Watch Ou…

Judgment Debtors Watch Out! New Case Law Protects Creditors with Foreign Judgments

In a victory for creditors, the Supreme Court of Florida recently ruled, in Patrick v. Hess, 2017 Fla. LEXIS 337 (Fla. Feb. 16, 2017), that foreign judgment creditors have significantly more time to enforce their judgments in Florida if they complete… Read More
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Bankruptcy v. Litigation:…

Bankruptcy v. Litigation: What You Need to Consider

Over the past several years, the number of bankruptcy filings has fluctuated substantially, peaking significantly in 2005 when the Bankruptcy Code was revised and again in 2010 with the recession. With the recovery of the economy, there has been a do… Read More
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When Creditors' Rights Issues Collide With Estate Planning, What Should You Do?

Many times the purpose of estate planning may be directly in conflict with the purpose of asset protection and creditors’ rights. For instance, perhaps gifting by parents to the children over a number of years makes excellent tax advice and address… Read More
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You Can’t Have Your Cake and Eat It Too: Debtors Who Surrender a Home in Bankruptcy Are Precluded from Challenging the State Court Foreclosure

As a result of this opinion, Florida debtors must be aware that if they elect to surrender their home in bankruptcy in order to obtain a discharge of the personal liability of the debt, they cannot contest a future foreclosure case and must be prepar… Read More
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Can a Piercing the Corporate Veil Claim Provide You with an Alternative Collection Remedy?

When should someone consider filing a piercing the corporate veil claim? Since the results in litigation are uncertain and can be expensive, it is essential that you consider all of your collection alternatives prior to filing any lawsuit. Even if a… Read More
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Categories: Business Litigation

Foreclosure Series Part 3: Can a mortgage ever be cancelled?

This blog is the final part of a three part series. In the first 2 blogs of this series, we discussed common questions that arise concerning foreclosures in general, why they take so long and whether the bank is ever barred from re-filing a second fo… Read More
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Foreclosure Series Part 2: Is the bank ever barred from re-filing a foreclosure case?

In the first blog of this series, we discussed the prevalence of foreclosures in our communities and typical questions that many people have, such as what is going on with that property? What is taking so long? Is it still in foreclosure? Who owns th… Read More
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Family Law and Bankruptcy Issues Intertwined in a Case Involving Unmarried Parents

We frequently see clients faced with family law issues in bankruptcy court. Usually the interplay between family law and bankruptcy law involve married couples, but this blog will discuss that even unmarried couples encounter similar challenges. If y… Read More
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Foreclosure Series Part 1: If the bank waits too long, can they still foreclose?

Over recent years, we all have heard some horror stories about foreclosures. Houses in foreclosure are sprinkled throughout our neighborhoods. In many cases, they sit vacant for a long time. You may wonder, what is going on with that property? What i… Read More
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You Never Thought a Partnership Agreement was Important, But Now You’re in Court. What happens next?

The importance of having an Operating Agreement in the case of a limited liability company and a Shareholder Agreement in the case of a corporation is very significant. Essential terms include identifying who the shareholders are, what their sharehol… Read More
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