Florida Business Litigation Blog


Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid

In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29.  The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure.  In the recent past this created a lot of confusion … Read Full Post

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Henson v. Santander: A “Debt Purchaser” is not a “Debt Collector” under the FDCPA

Recently, the Supreme Court held that an entity collecting on debt that was in default and purchased for the debt purchaser’s own account in not subject to the Fair Debt Collection Practices Act (the “FDCPA” or the “Act”) because it … Read Full Post

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Piercing the Corporate Veil in Florida: Essential Elements and Common Factors

For various reasons, a corporation’s limited liability shield for its shareholders is one of the corporation’s most valuable assets. Unfortunately, some individuals may abuse the corporate form’s limited liability status by using it to mislead or defraud creditors. For various reasons, a corporation’s limited liability shield for its shareholders is one of the corporation’s most valuable assets. Unfortunately, some individuals may abuse the corporate form’s limited liability status by using it to mislead or defraud creditors. Read Full Post

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Are attorney’s fees awarded for dismissed involuntary bankruptcy petitions subject to being set off by the underlying judgment?

Sometimes a creditor is bold enough to place a debtor into involuntary bankruptcy in an attempt to recover an outstanding debt. In general, most petitions are accepted as a proper filing. Read Full Post

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Proving Insolvency in Fraudulent Transfer Actions

There are two primary types of fraudulent transfers contemplated under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”)—actual fraudulent transfers and constructive fraudulent transfers. When a debtor makes a transfer with “actual intent to hinder, delay or defraud” a creditor—that is, “actual fraud” under Fla. Stat. 726.105(1)(a)—insolvency of the debtor is largely irrelevant. Read Full Post

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Impleading Third Parties in Proceedings Supplementary

Proceedings supplementary are powerful procedural mechanisms for judgment creditors with unsatisfied judgments. (See previous blog post, Florida Proceedings Supplementary 101.) However, properly impleading a potential third-party defendant under section 56.29, Florida Statutes, is a technical process that requires close attention to detail. Read Full Post

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Florida Proceedings Supplementary 101

Winning a lawsuit and being rewarded a money judgment does not always lead to the plaintiff’s best day. For example, Plaintiff sues Defendant for breach of contract. During the trial, Defendant realizes she may lose the case and, as a result, be forced to liquidate most of her assets to pay the money judgment. Read Full Post

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Are Attorney’s Fees Available for Fraudulent Transfers in Florida?

Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. However, while FUFTA provides… Read Full Post

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Anti-tying Regulations: What Can a Bank Do and Not Do?

The state of Florida prohibits banks from using their own stock as collateral for extensions of credit. These prohibitions are known as anti-tying regulations. Tying is the practice of selling one product or service as a mandatory addition to the purchase of a different product or service. Read Full Post

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When Two Become One: Legal Considerations in the Mergers & Acquisitions Process – Part IV: The Term Sheet or Letter of Intent

In June, I began a series of blogs regarding the most important legal considerations in the mergers and acquisition process.   The first blog discussed the mergers and acquisition process at a global level generally laying out the six most important … Read Full Post

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