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
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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Florida Court Holds That Taxpayer’s Change of Domicile Does Not Work Out
On Fox’s Tax Controversy Sentinel blog, partner Charles Bender recently examined a Florida case involving the state’s Homestead Exemption. The Exemption allows for a reduction in local real estate taxes
Continue Reading Florida Court Holds That Taxpayer’s Change of Domicile Does Not Work Out
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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Homestead Exemption Requires Ownership by Natural Person
In my November and December posts, I discussed the basics regarding protection of your Florida Homestead from forced sale by creditors and some of the exceptions.
A recent decision from
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Stay Violation? Beware of Escalating Attorneys’ Fees
In the case of Mantiply v. Horne (In re Horne), 876 F.3d 1076 (11th Cir. 2017) the Eleventh Circuit decided an issue of first impression in the Circuit: Whether
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Does Bankruptcy Put Equity In My Florida Homestead At Risk?
In my November post, I discussed the basics regarding protection of your Florida Homestead from forced sale by creditors and alluded to exceptions to the rule. Let’s discuss some
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