Using Contempt Power to Force Repatriation of Offshore Trust Assets BlogDecember 13, 2012 By: Jacob J. Payne Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by … Read more
Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation BlogDecember 11, 2012 By: J. Ellsworth Summers, Jr. & Scott St. Amand Cramdown. The very word makes the hair on the back of … Read more
What Lenders Need to Know About “Equitable Mootness” in Appealing a Confirmed Chapter 11 Plan BlogDecember 4, 2012 By: J. Ellsworth Summers, Jr. & Scott St. Amand As many lenders have learned the hard way, an appeal of … Read more
Recent Changes to Florida’s Wage Garnishment Exemption Update BlogNovember 30, 2012 By: Mark S. Mitchell Recently, the Florida Legislature amended F.S. § 222.11, the statutory exemption of an individual’s earnings from … Read more
Avoid Potential Lender Liability for Setting Off Against an Account BlogNovember 29, 2012 By: Edward L. Kelly & Scott J. Kennelly A lender’s ability to set off against a borrower’s account can be … Read more
Commercial Property Owners: Is there a duty to disclose in Florida? BlogNovember 28, 2012 By: L. Javan Grant You own a commercial building which has been on the market for over two years. Finally, … Read more
A Lender’s Right to Set Off Against an Account BlogNovember 27, 2012 By: Edward L. Kelly & Scott J. Kennelly Under Florida common law, a bank may set off the balance of … Read more
The Right to Trial by Jury in Fraudulent Transfer Actions in Bankruptcy BlogNovember 20, 2012 -By: Jacob J. Payne Suppose you have been sued by the bankruptcy trustee for an alleged fraudulent transfer or a … Read more
The Threat of Lien Stripping in “Chapter 20” Bankruptcy BlogNovember 13, 2012 By: J. Ellsworth Summers, Jr. & Scott St. Amand As discussed in the McNeal posts below, junior mortgage holders are … Read more
Companies: What duty do you have to protect your customers from criminal attacks while on your property? BlogNovember 8, 2012 By: L. Javan Grant You own a business. During the holiday season a customer comes in your store and is … Read more