Overview of the Florida Consumer Collection Practice Act
By: Adam B. Brandon As discussed in a prior post , the Florida Consumer Collection Practices Act (FCCPA) can apply …
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Eleventh Circuit Concludes That Filing a Proof of Claim After the Expiration of Statute of Limitations On the Ability to Collect a Debt Violates the FDCPA
By: Armando Nozzolillo and Michael S. Waskiewicz Recently, the Eleventh Circuit Court of Appeals (the “Court”) ruled whether filing a …
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Do Guarantors Fall Under the Protection of the Equal Credit Opportunity Act?
By Samantha Alves Orender We have discussed the Equal Credit Opportunity Act (“ECOA”), which makes it unlawful for a creditor …
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Usury in Florida: Mistakes in Calculation
By Janet C. Owens and Scott J. Kennelly Because intent is a key element of usury , a lender may …
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Florida Consumer Collection Practices Act Applies to Anyone Collecting a Debt
By: Adam B. Brandon The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using …
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Non-Dischargeable Tax Debt Not Special Class of Unsecured Creditors
By J. Ellsworth Summers, Jr. and Scott St. Amand In numerous previous posts, we have noted that the purpose of …
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A New Case On Standing to Foreclose
Legal standing to foreclose a note and mortgage continues to be an issue that frustrates plaintiffs and delights defense counsel. …
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Beyond the Rent Roll – Retail Lease Agreements
Commercial mortgage lenders of non-owner occupied property need to be adept at reviewing leases to protect themselves from risk. Although …
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Usury in Florida: Are Late Fees Usurious?
By Scott J. Kennelly and Janet C. Owens When borrowers default under the terms of their loans, lenders often, in …
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Discharging the Brunner Test: Student Loan Debt in Bankruptcy
By Scott St. Amand and J. Ellsworth Summers, Jr. Twenty-seven years ago the Second Circuit was faced with a debtor …
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