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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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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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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Bankruptcy Trustees are Entitled to Jury Trials Too?!
Americans generally cherish their right to a jury trial under the Sixth and Seventh Amendments to the United States Constitution and the media certainly perpetuate the idea that jury
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Dear Mortgage Lender – Where Debtors Surrender, Act Quickly
The Eleventh Circuit’s ruling in the Failla case was triumph for mortgage lenders when it affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… [w]hile
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Dear Bankruptcy Defendant, U.S. Mail Service is Valid
“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.
Why?
Well, Bankruptcy Rule 7004 bestows the
Continue Reading Dear Bankruptcy Defendant, U.S. Mail Service is Valid
Got Equity? The Perils of Being Second Place
The recent decision in the Olivares case [2016 WL 6810716 (Bankr. S.D. Fla. 2016) reminds lenders of the perils of being a second mortgage holder where equity is questionable.
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