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
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
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
Recent Florida cases discuss the limitations periods for judgments and judgment liens in Florida…more
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
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
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
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
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
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
Miller v. Upton, Cohen, & Slamowitz
Attorney Meaningful Review Requirements under the Federal Fair Debt Collection Practices Act (FDCPA)…more
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
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
Fair Credit Reporting Act caselaw update for debtors and creditors…more
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