Publications

MILITARY LENDING ACT COVERS SOME BANKING PRODUCTS

By Adam B. Brandon On July 22, 2015, the Department of Defense (DOD) issued its final rule implementing the Military Lending Act (MLA).  Enacted in 2006, the MLA seeks to protect active-duty military members and their dependents from predatory lending in high-cost consumer credit transactions.  The DOD exercises rule-making authority to delineate which types of […]

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What’s the Statute of Limitations in Florida for a Securities Claim subject to an Arbitration Provision?

By Samantha Alves Orender Securities claims subject to arbitration proceedings are subject to the same statute of limitations as any other judicial action. In holding that section 95.011, Florida Statutes, applies to arbitration proceedings, the Florida Supreme Court effectively cut the time investors have to file a claim by up to two-thirds. Using statutory interpretation, […]

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INVOLUNTARY BANKRUPTCY 101: THE PROCEDURE

By J. Ellsworth Summers, Jr. and Armando Nozzolillo In the right circumstances, creditors can utilize involuntary bankruptcy a tool for collecting on its debts. This post addresses the process a creditor must follow after filing an involuntary petition under chapter 7 or 11 of the Bankruptcy Code. Before a creditor can initiate this procedure, it […]

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FINANCING FOR COMMUNITY DEVELOPMENT DISTRICTS

By Douglas L. Waldorf, Jr. and Irvin Weinstein Florida law has permitted the creation of community development districts or “CDDs” since 1980. According to the Florida Department of Economic Opportunity there are presently 593 active community development districts that have been established within the state. These CDDs qualify as governmental bodies in that they are […]

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Deficiency Actions Require Consumer Debt Protections

By Jon Sacks and Heather S. Nason Deficiency actions arising under a mortgage note secured by Florida real estate used for personal, family or household purposes are subject to many of the same consumer protection regulations as other consumer debt. Last April, in an unrecorded case, Baggett v. Law Offices of Consuegra, P.L. No.3:14-cv-1014-J-32PDB 2015 […]

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FDUTPA Exemptions Do Not Extend to Bank Subsidiaries

By Scott J. Kennelly and Janet C. Owens FDUTPA is the primary consumer protection statute in Florida, prohibiting unfair, unconscionable, or deceptive methods of competition, practices, or acts in the conduct of commerce. According to the express terms of the statute, the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”) does not apply to banks […]

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INVOLUNTARY BANKRUPTCY 101: THE BASICS

By J. Ellsworth Summers, Jr., Michael S. Waskiewicz and Armando Nozzolillo Involuntary bankruptcy can be a useful tool for creditors.  Filing an involuntary bankruptcy petition against a debtor can help actualize the value of a debtor’s assets. The following are some basic requirements when considering filing an involuntary bankruptcy petition. Involuntary petitions may only be […]

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