Archive for 2015:

Medicaid Planning Activities of Nonlawyers

The Florida Supreme Court has recently issued an advisory opinion concluding that, “in order to protect the public from harm” … “it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid Benefits.”  See the Florida Bar re: Advisory Opinion-Medicaid Planning Activities by Nonlawyers, […]

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When Does a Lease Terminate Pre-Petition?

Two Florida bankruptcy courts have addressed a similar issue with different results.  The scenario is common enough, a tenant and landlord enter into a lease which the tenant subsequently defaults under.  The landlord brings a cause of action for eviction, obtains a judgment and eventually a writ of possession.  But, before the writ of possession […]

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Arbitration Tolls Deadlines

Pursuant to Florida Statute 44.104 two or more parties may agree in writing to submit their issues to binding and voluntary arbitration, prior to or after a lawsuit has been filed, provided no constitutional issue is involved.  Should such an agreement be in place, then the filing of the application for said arbitration will toll […]

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Medicaid Planning Activities by Nonlawyers

The Florida Supreme Court recently issued an advisory opinion as to Medicaid planning activities by nonlawyers – SC14-211.  In short, the Court advises that it constitutes the unlicensed practice of law for a nonlawyer to draft a personal service contract and/or to determine the need for, prepare and execute a Qualified Income Trust.  In addition, […]

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