Discharge and the Unscheduled Debt Part II: Punitive Effects of Intentional Non-Disclosure
By: J. Ellsworth Summers, Jr. and Scott St. Amand In our previous post we discussed the due process requirements that …
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New Law Alters Liability for Architects and Engineers
Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which …
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Economic Loss Rule Takes a Step Back
By: F. Eugene Atwood On March 7, 2013, the Supreme Court of Florida filed its opinion in Tiara Condominium Assoc., …
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Garnishing Professional Fees After Close of Bankruptcy Proceeding
By: J. Ellsworth Summers, Jr. & Scott St. Amand It is not an uncommon practice for commercial lenders or real …
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Caveat Creditor: Courts Split Regarding Abrogation of Absolute Priority Rule for Individual Chapter 11 Debtors
By: J. Ellsworth Summers, Jr. & Scott St. Amand Although the 2005 BAPCPA amendments appeared to be a boon for …
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Attention All REO Officers: Florida’s Commercial Landlord/Tenant Laws May Apply to You!
By: Scott A. Padgett When foreclosing mortgages on commercial properties in Florida, banks are often able to choose whether to …
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Lack of Permanent Visa May Preclude Invocation of Florida Homestead Exemption
By: J. Ellsworth Summers, Jr. & Scott St. Amand Creditors often find themselves at the crossroads of multiple disciplines of …
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Documentary Stamp Tax on Renewal Loans – A Review of the Basics
By: Douglas L. Waldorf, Jr. With property values slowly increasing and borrowers beginning to see the light at the end …
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Post-Judgment Recovery of Attorney’s Fees and Costs
By: Aristides “Kico” Diaz One of the issues faced by a judgment creditor in pursuing collection of the judgment is …
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Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules on Superpriority Issue
By: Douglas L. Waldorf, Jr. In my April 18th post , I discussed the recent trend of municipalities enacting ordinances …
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