Archive for May, 2015:

Bankruptcy Proofs of Claim and FDCPA

Recently, the United States Supreme Court denied the Petition for Writ of Certiorari in LVNV Funding, LLC v. Crawford.  The Court’s denial furthers the division among circuits as to whether Fair Debt Collection Practices Act (FDCPA) claims can arise from proofs of claim. In Crawford, the Eleventh Circuit expanded the reach of the FDCPA to proofs of […]

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Florida’s Labyrinth: the Homestead Exemption

Under Florida law, there are multiple types of Homestead exemptions, including, but not limited to: 1) exemptions from forced sale Art. X, Section 4(a) of the Florida Constitution 2) restrictions of devise and alienation Art. X, Section 4(b) of the Florida Constitution 3) exemptions from taxation Article VII Section 6(a) of the Florida Constitution Florida’s […]

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