Who Do You Trust?— New Ruling Highlights the Need for Care in Deciding How to Open Your Joint Bank Account
By: Edward L. Kelly and Karl R. Gruss Florida law recognizes, and most banks offer, multiple forms of account designation …
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Spouse-Guarantor Rule: A Split Between Federal Circuit Courts
By: Jon Sacks and Heather S. Nason When a closely-held entity applies for a loan, the financial institution usually requires …
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Discovery and Social Media
By Scott J. Kennelly and Scott St. Amand The advent of social media has brought about many changes in the …
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Written Document Retention and Destruction Policy Saves the Day (Again)
By: J. Ellsworth Summers and Scott St. Amand As we mentioned in our previous posts regarding document preservation, establishing a …
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Complying with the Florida Consumer Collection Practice Act
By: Adam B. Brandon In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should …
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Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7
By: Armando Nozzolillo and Michael S. Waskiewicz In the last 2 years, three judges of the Middle District of Florida …
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Florida Foreclosure Volume Update
By: Douglas L. Waldorf The Florida Bar News, in its September 15, 2014 edition, reported that Florida foreclosure volume has …
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Usury in Florida: Penalties
By: Scott J. Kennelly and Janet C. Owens There are two “tiers” of penalties for violation of the Florida usury …
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The Equal Credit Opportunity Act’s Safe Harbor for Assignees
By: Samantha Alves Orender In a previous post , we considered whether guarantors are considered to be “applicants” under the …
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Creditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale
By: Karl R. Gruss and Edward L. Kelly Florida’s homestead exemption protects a married couple’s primary residence from forced sale …
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