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
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Discharge Injunction Violations – Ignorance and Good Faith are NOT a Defense
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
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Is Prepetition Bad Faith “Cause” For Dismissal in a Chapter 7?
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
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Florida Supreme Court Says Facebook “Friendship” Not Grounds For Judge Disqualification
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
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PACA Trust Not Trust Giving Rise to Non-Dischargeability Claim Under Section 523(a)(4)
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
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Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid
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
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Dear Debtor – Give Careful Consideration to Car Lease Assumption
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
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Are My Retirement Accounts Exempt? – Beware of Prohibited Transactions
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
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Marriage and Asset Protection – Is TBE for you?
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
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Dear Mortgage Lenders – This New Law is for You!
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…
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