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FLORIDA SUPREME COURT CONFIRMS ZERO-TOLERANCE FOR MISLEADING UCC FILINGS

On September 29, 2022, the Eleventh Circuit Court of Appeals issued its opinion in 1944 Beach Boulevard, LLC v. Live Oak Banking Co. (In re NRP Lease Holdings, LLC), No. 21-11742, at *9 (11th Cir. Sep...

TITLE AGENTS BEWARE! FAILURE TO VERIFY MORTGAGE LOAN PAYOFF CAN BE COSTLY

In the recent Middle District of Florida Bankruptcy case of, Pinero v. Rodriguez (In re Rodriguez), 2022 WL 1599970 (Bankr. M.D. Fla. May 10, 2022) (Colton, J.), there are several real estate and bank...

The President Signs Bankruptcy Legislation Increasing Eligibility Limits for Subchapter V and Chapter 13

On June 21, 2022, President Biden signed into law Senate Bill 3823, the “Bankruptcy Threshold Adjustment and Technical Corrections Act” (the “Act”). The Act reinstates the threshold debt limit...

Prominent Senators And Representatives Propose A Resolution For The President To Exercise Executive Authority To Cancel Up To $50,000 Of Student Debt Per Borrower.

On February 4, 2021, Senate Majority Leader Chuck Schumer, Senator Elizabeth Warren, and Congresswoman, Ayanna Pressley, joined by a number of Senate and House Democrats[1], proposed a bicameral Resol...

The Supreme Court Holds That Passive Retention Of Estate Property Does Not Violate The Automatic Stay, But Stay Tuned . . .

By unanimous opinion, the United States Supreme Court in City of Chicago, IL v. Fulton, 592 U.S. ___ 2021 (January 14, 2021), held that the City of Chicago’s retention of debtors’ vehicles impound...

Consumer Bankruptcy Reform Bill Introduced In The House & Senate

Senator Elizabeth Warren (D-MA) and others have been persistent advocates for consumer bankruptcy reform both prior to and after enactment of the 2005 Bankruptcy Abuse Prevention and Consumer Protecti...

This is One of the Reasons I Prefer Not to Arbitrate

On September 17, 2020, the Eleventh Circuit Court of Appeals issued its opinion in the case of Gherardi v. Citigroup Glob. Markets Inc., No. 18-13181 (11th Cir. Sep. 17, 2020).  The case came bef...

The 11th Circuit Clarifies that New Value Need Not Remain Unpaid to Constitute a Valid Preference Defense

In Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), 2018 U.S. App. LEXIS 22504 * | __ F.3D __ | 2018 WL 3850101 (11th Cir 2018), decided on August 14, 2018, the Eleventh Circuit Court...

Better Think Twice Before You Tell Your Debtor Client to Pay You with a Credit Card

If you represent individual debtors and take credit cards for payment of your fees, you might want to re-think that policy.  On March 30, 2018, the Eleventh Circuit Court of Appeals in Cadwell v. Kau...
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