Jorge Abril – Jorge M. Abril, P.A.

1221 SW 27 Avenue, 2nd Floor
Miami, Florida 33135, United States

  • 305-373-0901
  • 305-373-0119

The Availability of Florida's Wildcard Personal Property Exemption to Debtors Owning Homestead Property and Not Claiming a Homestead Exemption in Bankruptcy

Recently, a Florida Bankruptcy Court discussed whether a debtor in bankruptcy who owns a home worth less than the balance on his mortgage may claim the wildcard personal property exemption found in Fla. Stat. ยง 222.25 and still…more
| Bankruptcy, Consumer Protection, Real Estate - Residential, Wills, Trusts, & Estate Planning

The Availability of Florida's Tenancy by the Entireties Exemption to Nonresidents for Property Located in Florida

This article discusses the ability of a nonresident of the State of Florida to claim a tenancy by the entireties (TBE) exemption for property located in Florida and owned jointly by the nonresident and the nonresident's spouse,…more
| Bankruptcy, Commercial Law & Contracts, Consumer Protection

Florida Court Rules Commissions are Wages for Purposes of State Garnishment Statute

Florida's Fourth District Court of Appeals recently ruled in Baker v. Storfer, --- So.3d ----, 2011 WL 222324 (Fla. 4th DCA 2011) that commissions are 'wages,' for purposes of Section 77.0305, Florida Statutes, and are therefore…more
| Bankruptcy, Civil Remedies, Commercial Law & Contracts

The Life of a Judgment (Lien) in Florida

Recent Florida cases discuss the limitations periods for judgments and judgment liens in Florida…more
| Commercial Law & Contracts

Recent Florida Appeals Court Decision Construes Assignment for the Benefit of Creditors Statute

In Moffatt & Nichol, Inc. v. BEA International Corp., --- So.3d ---- (Fla. 3d DCA 2010), Florida's Third District Court of Appeal held that Florida's Assignment for the Benefit of Creditors statute, Chapter 727, Florida…more
| Bankruptcy, Civil Remedies, Commercial Law & Contracts

Out of Network Provider Payment and Balance Billing under the Patient Protection and Affordable Care Act

This article discusses the issue in the context of the Patient Protection and Affordable Care Act, the health care reform legislation signed by President Obama in March of this year. One of the lesser known provisions of this…more
| Consumer Protection, Health

Cases of Interest to Creditors in the October Term of the United States Supreme Court

There are two cases for argument in the United States Supreme Court's October Term that may be of interest to creditors- Ransom v. MBNA America Bank, a case dealing with available deductions from income for Bankruptcy purposes,…more
| Bankruptcy, Consumer Protection

Florida Bankruptcy Court- Funds Held by Chapter 13 Trustee Are Subject to Garnishment When the Case is Dismissed

According to a case recently decided in the United States Bankruptcy Court for the Middle District of Florida, when a Chapter 13 case is dismissed, a creditor may subject the Trustee to a writ of garnishment under Florida law…more
| Bankruptcy

Credit Cards: Fair Debt Collection Practices Act Could Better Reflect the Evolving Debt Collection Marketplace and Use of Technology

The Government Accounting Office recently released a report to Congress suggesting the necessity for overhauling the Fair Debt Collection Practices Act (FDCPA) and for creating a Consumer Financial Protection Agency. A summary…more
| Consumer Protection

Chrysler Fraudulent Transfer Case Study Part II - Constructive Fraudulent Transfer Under the Bankruptcy Code and the UFTA

A continuing series of articles discussing fraudulent transfers under the Bankruptcy Code and the Uniform Fraudulent Transfer Act through the study of public information available from the Chrysler Bankruptcy…more
| Bankruptcy, Commercial Law & Contracts
Miller v. Upton, Cohen, & Slamowitz

Memorandum, Decision, and Order after Bench Trial

Attorney Meaningful Review Requirements under the Federal Fair Debt Collection Practices Act (FDCPA)…more
| Consumer Protection

Chrysler Fraudulent Transfer Case Study Part I - Background

The next in a series of articles discussing fraudulent transfers under the Bankruptcy Code and the Uniform Fraudulent Transfer Act through the study of public information available from the Chrysler Bankruptcy…more
| Bankruptcy, Commercial Law & Contracts

The Daimler Cyrysler Fraudulent Transfer Lawsuit: A Case Study

The first in a series of articles discussing fraudulent transfers under the Bankruptcy Code and the Uniform Fraudulent Transfer Act through the study of public information available from the Chrysler Bankruptcy…more
| Bankruptcy, Commercial Law & Contracts

Debt Collection as a Permissible Purpose for Obtaining Credit Reports under the Fair Credit Reporting Act (FCRA)

Fair Credit Reporting Act caselaw update for debtors and creditors…more
| Civil Remedies, Consumer Protection, Privacy
Areas of Practice
  • Bankruptcy
  • Commercial Law & Contracts
  • Debtor/Creditor
  • Health
  • Litigation
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