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    • JACKSONVILLE
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Blog

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

BlogSeptember 9, 2014
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?

BlogSeptember 4, 2014
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

BlogSeptember 2, 2014
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

BlogAugust 28, 2014
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

BlogAugust 26, 2014
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

BlogAugust 21, 2014
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

BlogAugust 19, 2014
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?

BlogAugust 14, 2014
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

BlogAugust 12, 2014
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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Limits to the Duty to Preserve

BlogAugust 5, 2014
By: Scott St. Amand Although a suit against a particular officer of a corporation for sexual harassment would clearly trigger …
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    Jacksonville, FL 32207
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