Perry Law Firm Creditors’ Rights

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 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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Foreclosure Statute of Limitations

The Florida 5th District Court of Appeals recently clarified an issue regarding foreclosure statute of limitations in U.S. Bank v. Bartram, 2014 WL 1632138. In that case the Bank filed a foreclosure action in 2006. Then, the case was dismissed in 2011. The Obligors argued that when the Bank filed that foreclosure action it accelerated […]

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Business Records Exception

Generally speaking, Florida omits hearsay evidence unless it falls under one of the acceptable exceptions.  One of those exceptions is the business record.  Here, the business record must pass a 4 prong test, namely: It was made at or near the time of the event recorded, By, or from information transmitted by, a person with […]

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Mark Perry Now Board Certified in Creditors’ Rights Law by the American Board of Certification

Mark Perry is now board certified in Creditor’s Rights Law by the American Board of Certification (ABC).  ABC celebrated its twentieth year of certifying lawyers in Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights.  ABC, the nation’s premier legal specialty certification organization, is sponsored by the American Bankruptcy Institute and the Commercial Law League of America, […]

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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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Florida Judgment Interest Rates

The Florida Chief Financial Officer has announced that the judgment interest rate will remain at 4.75% beginning July 1, 2013 – http://www.myfloridacfo.com/Division/AA/Vendors/default.htm#.UdGGMTs3u2E.

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HB 87 – Florida Bill to Speed up the Foreclosure Process

As many of you already know, on Friday June 7, 2013 Governor Rick Scott signed HB 87 which significantly impacts the state’s foreclosure laws. One of the overriding aims of the bill is to speed up Florida’s foreclosure process. Its important to understand the bill and its effect, especially considering some of the provisions may […]

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