Spouse-Guarantor Rule: A Split Between Federal Circuit Courts
By: Jon Sacks and Heather S. Nason When a closely-held entity applies for a loan, the financial institution usually requires …
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Discovery and Social Media
By Scott J. Kennelly and Scott St. Amand The advent of social media has brought about many changes in the …
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Written Document Retention and Destruction Policy Saves the Day (Again)
By: J. Ellsworth Summers and Scott St. Amand As we mentioned in our previous posts regarding document preservation, establishing a …
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Complying with the Florida Consumer Collection Practice Act
By: Adam B. Brandon In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should …
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Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7
By: Armando Nozzolillo and Michael S. Waskiewicz In the last 2 years, three judges of the Middle District of Florida …
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Florida Foreclosure Volume Update
By: Douglas L. Waldorf The Florida Bar News, in its September 15, 2014 edition, reported that Florida foreclosure volume has …
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Usury in Florida: Penalties
By: Scott J. Kennelly and Janet C. Owens There are two “tiers” of penalties for violation of the Florida usury …
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The Equal Credit Opportunity Act’s Safe Harbor for Assignees
By: Samantha Alves Orender In a previous post , we considered whether guarantors are considered to be “applicants” under the …
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Creditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale
By: Karl R. Gruss and Edward L. Kelly Florida’s homestead exemption protects a married couple’s primary residence from forced sale …
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Bankruptcy Trustee Lacks Standing to Bring Derivative Claim Against Bank’s Directors After Bank’s Closure and Receivership by FDIC
In April of 2010, the Office of the Comptroller of the Currency closed First National Bank Myrtle Beach, S.C., a …
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