Perry Law Firm Bankruptcy

BNI Referral Exchange

Are you looking to expand your business?  Do you rely on referrals to grow you business?  Would you like meet a group of professionals that would be interested in passing you referrals?  If you answered yes to any of these questions you should consider attending a BNI Referral Exchange meeting – http://bnireferralexchange.com/.  If interested please […]

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ABC Could Not Later File Bankruptcy

In a recent decision – 2015 WL 9241140 – the 11th Circuit held that after a business  executed an assignment for the benefit of creditors the appointed assignee could not then subsequently file the business into a bankruptcy.  However, the Court did leave the door open that an assignment could potentially expressly confer this power.  The case illustrates […]

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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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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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Guide to Disputing Errors on Credit Reports

We have all been there. You try to purchase a new car, house or apply for a new bank loan when unbeknownst to you something shows up on your credit report which is incorrect.   The discrepancy can take the form of any number of issues whether it is from a past debt listed incorrectly, a […]

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Bankruptcy Exemptions and Inherited IRAs

When a person files for bankruptcy he/she may exempt certain assets from the bankruptcy estate, including retirement funds (i.e. IRAs) under 11 USC 522(b)(3)(C).  However, in Clark v. Rameker, 134 S.Ct. 2242, the Supreme Court ruled that inherited IRAs do not qualify as retirement funds under that exemption.  The SC focused on three legal characteristics: […]

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Bankruptcy Recharacterization

The 9th Circuit recently decided In re Fitness Holdings, Intern., Inc., 714 F.3d 1141.  The case stands for the conclusion that bankruptcy courts can recharacterize a claim from debt to an equity interest for purposes of the Bankruptcy Code Section 548.  This has important implications for possible fraudulent transfers and in turn determining a debt […]

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Changes coming to the Fair Debt Collection Practices Act: Banks better be ready.

The Fair Debt Collection Practices Act (“FDCPA”) fines debt collectors for using false or misleading representations, including harassment or abuse among other things, in the collection of consumer debts, not business loans.  However, the FDCPA specifically defines debt collector to mean “any person who . . .  regularly collects or attempts to collect, directly or indirectly, debts owed […]

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