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Bankruptcy Blog

“Bankruptcy represents a longstanding commitment in this country to helping people get a fresh start. This principle has never been giving only certain people a fresh start.”

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 bankruptcy crossover lessons to be learned. First and foremost, for those in the title insurance industry, the case focuses on a title…
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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 Protection Act (“BAPCPA”).  President Biden has sided with Senator Warren’s recommendations and on December 9, 2020, Senators Warren, Dick Durbin (D-IL), and Sheldon Whitehouse (D-RI) introduced the…
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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. Kaufman, Englett & Lynd, PLLC, Case No. 17-10810, reinstated a suit against Kaufman, Englett & Lynd (“KEL”) for violation of 11…
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