A Lawyers’s Ethical Duty to Help You

ST. PETERSBURG BAR ASSOCIATION NEWS MAGAZINE ARTICLE At the time of the publishing of this article, the Professionalism Seminar will have been presented on February 27, 2015 at Stetson University College of Law at the Gulfport campus. The seminar hon… Read More
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The Fate of Inherited IRAs after the U.S. Supreme Court Ruling

The federal bankruptcy exemptions set forth in the Bankruptcy Code provide that certain “retirement funds” may be claimed as exempt from a bankruptcy estate, including traditional and Roth IRAs[1]. The U.S. Supreme Court recently held in Clark v.… Read More
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A Carefully Prepared Asset Purchase Agreement is a Smart Business Investment

Deciding to buy or sell a business can be an anxious time for both the buyer and the seller. The buyer may have dreamed of owning a business for a long time and spent many months researching until finding the seller. On the seller’s side, they may… Read More
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Three Dangers Of Using Generic Forms For an LLC Operating Agreement

Here are three examples of issues you’ll face if you choose to use a generic form for your operating agreement when you form a Limited Liability Company. 1. The new statute versus the old statute2. Member managed versus Manager managed3. Defaul… Read More
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Inherited IRAs before the U.S. Supreme Court

A current issue before the U.S. Supreme Court is whether a debtor who inherits an IRA from a non-spouse, prior to a bankruptcy case, can claim the IRA as exempt in a bankruptcy case. The U.S. Supreme Court recently heard oral arguments on this issue… Read More
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Important Limitations on Florida’s Wage Garnishment Exemption for Earnings Received by a Head of Family

Under Florida Statute Section 222.11, wages received by a family’s primary breadwinner, otherwise referred to as a “head of family,” are generally exempt from garnishment or attachment by a judgment creditor, and thus not reachable.… Read More
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Categories: Business Litigation

You Need to Disclose All Debt to Understand What Your Alternatives Are

If you are considering filing a bankruptcy case, it is vital that you discuss all of your creditors and potential creditors with your attorney, so that he or she can properly advise you of your options. It is a common misnomer that all debt goes away… Read More
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5 Mediation Tips from the Client’s Perspective

Mediation is a valuable part of the litigation process that provides parties with the opportunity to resolve a case without going to trial. However, like trial, mediation requires preparation on the part of both the lawyer and the client in order to… Read More
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Categories: Business Litigation

What! A Judgment Creditor Can Collect How Long?

A common question that we hear from clients is how long can a judgment creditor attempt to collect on a judgment? Fla. Stat. 95.11(1) sets forth that the statute of limitations for a creditor to enforce a judgment in its favor is 20 years. Fla. Stat.… Read More
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Categories: Business Litigation

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