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South Florida Trial Practice

Heather Ries 

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Small Business With Questions About the CARES Act?

By Heather Ries  on March 31, 2020

Confused about the loan options under the Coronavirus Aid, Relief and Economic Security Act (CARES Act)?  Our learned colleagues have created a summary Comparison of SBA Loan Programs Under Economic …
Continue Reading Small Business With Questions About the CARES Act?

Posted in General Florida Law News & Updates

Discharge Injunction Violations – Ignorance and Good Faith are NOT a Defense

By Heather Ries  on July 31, 2019

In the recent decision of Taggart v. Lorenzen, the Supreme Court held that a court may hold a creditor in civil contempt for violating a discharge order if there…
Continue Reading Discharge Injunction Violations – Ignorance and Good Faith are NOT a Defense

Posted in Bankruptcy, Creditors' Rights, General Florida Law News & Updates

Is Prepetition Bad Faith “Cause” For Dismissal in a Chapter 7?

By Heather Ries  on January 31, 2019

In a recent case out of the Southern District of Florida, the Court outlined the standard for dismissal of an individual’s Chapter 7 case based on the Debtor’s pre-petition bad…

Continue Reading Is Prepetition Bad Faith “Cause” For Dismissal in a Chapter 7?

Posted in General Florida Law News & Updates

Florida Supreme Court Says Facebook “Friendship” Not Grounds For Judge Disqualification

By Heather Ries  on November 30, 2018

On November 15, 2018, the Florida Supreme Court held that “an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does…
Continue Reading Florida Supreme Court Says Facebook “Friendship” Not Grounds For Judge Disqualification

Posted in General Florida Law News & Updates, General Litigation

PACA Trust Not Trust Giving Rise to Non-Dischargeability Claim Under Section 523(a)(4)

By Heather Ries  on September 28, 2018

Perishable Agricultural Commodities Act (“PACA”) creates a trust to protect produce suppliers.

In a recent S.D. of Florida Bankruptcy Case, the issue before the Court was whether a PACA…
Continue Reading PACA Trust Not Trust Giving Rise to Non-Dischargeability Claim Under Section 523(a)(4)

Posted in General Florida Law News & Updates

Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid

By Heather Ries  on August 31, 2018

In an excellent decision for preference targets, the Eleventh Circuit recently held in the case of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC) that the new…
Continue Reading Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid

Posted in Bankruptcy, Chapter 11, Chapter 7, Creditors' Rights

Dear Debtor – Give Careful Consideration to Car Lease Assumption

By Heather Ries  on July 31, 2018

Debtors generally file a bankruptcy petition seeking a fresh start, free from their personal debts.  Debtors have the option to agree to pay certain debts to retain a car or…
Continue Reading Dear Debtor – Give Careful Consideration to Car Lease Assumption

Posted in Bankruptcy, Creditors' Rights

Are My Retirement Accounts Exempt? – Beware of Prohibited Transactions

By Heather Ries  on May 31, 2018

IRA and 401(k) retirement accounts are generally exempt from claims of creditors pursuant to Section 222.21, Florida Statutes and Section 522 of the Bankruptcy Code.  For this reason, these types…
Continue Reading Are My Retirement Accounts Exempt? – Beware of Prohibited Transactions

Posted in Bankruptcy, General Florida Law News & Updates

Marriage and Asset Protection – Is TBE for you?

By Heather Ries  on April 30, 2018

My November, December, and February posts, discussed details of homestead protection in Florida including requirements, benefits and pitfalls.  If you are married, another asset protection and estate planning…
Continue Reading Marriage and Asset Protection – Is TBE for you?

Posted in Creditors' Rights, General Florida Law News & Updates

Dear Mortgage Lenders – This New Law is for You!

By Heather Ries  on March 30, 2018

In my August post, I discussed two cases.  In the Failla case, the Eleventh Circuit affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… …
Continue Reading Dear Mortgage Lenders – This New Law is for You!

Posted in Bankruptcy, Creditors' Rights, General Florida Law News & Updates

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