Radlax BlogApril 14, 2013 By: Jacob J. Payne Can a Chapter 11 debtor propose a plan to sell a lender’s collateral free and clear … Read more
Usury in Florida: Intent is Key BlogApril 11, 2013 By: Scott J. Kennelly & Susan Novak Usury under Florida law is largely a matter of intent. It is not … Read more
A Potential End-Around McNeal: Liens Partially Secured by Personal Property BlogApril 4, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand When the time comes to collect a debt, few organizations are … Read more
Usury in Florida; Generally BlogApril 2, 2013 By: Scott J. Kennelly & Susan Novak Under Florida law, usury is defined as the willful and knowing charge or … Read more
Let the Stripping Begin: Lower Courts in the Eleventh Circuit Cautiously Embrace McNeal BlogMarch 28, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand It was only a matter of time before judges in the … Read more
In re Davenport: The Eleventh Circuit sets Minimal Standards for Creditor Reliance in Fraud Case BlogMarch 26, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand The Bankruptcy Code protects lenders which reasonably rely upon a debtor’s … Read more
HB 87 – Florida’s Foreclosure Bill is Back BlogMarch 22, 2013 By: Sara K. White & Douglas L. Waldorf, Jr. On February 7, the House Civil Justice Subcommittee voted to pass … Read more
In re Sundale, Ltd.: Bankruptcy Court May Have Final Say in Certain State-law Counterclaims BlogMarch 19, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand As we have discussed in previous posts, the Supreme Court has … Read more
Florida Deficiency Proceedings: Establishing the Value of the Property BlogMarch 12, 2013 By: Scott J. Kennelly & Janet C. Owens Following a foreclosure sale, a secured creditor may seek a monetary judgment … Read more
Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention BlogFebruary 19, 2013 By: J. Ellsworth Summers, Jr. & Scott St. Amand Under the absolute-priority rule, unpaid creditors normally receive the equity in … Read more