When a Florida Creditor Should Consider a Receiver After Default
Learn when Florida creditors may seek receivership under the UCREA, enforce assignment-of-rents liens, and recover corporate assets after judgment.
Personal Guaranties After a Business Default: Read the Guaranty Before You Sue
Florida creditors should review personal guaranties, signature capacity, notice requirements, debt scope, and bankruptcy issues before suing a guarantor.
Before Filing Suit: What a Florida Creditor Should Review After a Business Default
Florida business creditors should review UCC filings, default-notice requirements, proof of mailing, and acceleration rights before filing a commercial collection lawsuit.
Florida’s Insurance Disclosure Demand: A Useful Pre-Suit Tool
Learn what happens when a Florida insurer fails to respond to a proper insurance disclosure request under Florida Statute § 627.4137, including settlement, bad-faith, discovery, and sanctions issues.
Florida Homestead, Acreage Limits, and the LLC Trap
Florida homestead, LLC transfers, and creditor remedies explained. Learn how acreage limits and fraudulent asset conversion laws impact judgment collection in Florida.
Rooker-Feldman After T.M.: The Supreme Court Clarifies a Jurisdictional Rule That Matters in Florida Federal and Bankruptcy Courts
Analyzes the Supreme Court’s T.M. ruling on Rooker-Feldman, its alignment with Exxon, Nicholson, and Behr, and its impact on Florida bankruptcy and foreclosure litigation strategy.
Broward and Miami-Dade Now Speak With One Voice on AI Disclosure in Court Filings
Broward and Miami-Dade have adopted coordinated orders governing generative AI in court filings. This article explains the key aspects of the orders, including disclosure, certification, and the treatment of tools like Westlaw, Lexis, and Grammarly for Florida litigators.
Creditor Claims in Florida Probate: Deadlines, Risks, and What Every Claimant Should Know
This article explains how creditor claims work in Florida probate, including notice to creditors, claim form and filing, three‑month and two‑year deadlines, the personal representative’s proof of claim, objections and independent actions under section 733.705, and practical strategies and risks for creditors seeking recovery.
Bridging the Gap: Florida’s Assignment for the Benefit of Creditors vs. the New Uniform ABC Act
Explore how Florida’s robust ABC practice under Chapter 727 compares to the new Uniform ABC Act and what growing national uniformity means for creditors.
Preserving Crucial Testimony: The Role of Depositions De Bene Esse in Business Fraud and Ponzi Litigation
Discover how de bene esse depositions preserve crucial trial testimony in complex business fraud and Ponzi schemes. Explore their legal origins, federal and state recognition, and real-world case examples from Florida and beyond.
Key Strategies Attorneys Should Use for Evidentiary Hearings
Following two recent evidentiary hearings, I was reminded of the significant challenges attorneys face in evidentiary hearings, where...
Using Devices Like Plaud Note in Florida: What Businesses Need to Know About Eavesdropping Laws – Part II
In a recent post I identified how the use of recording devices like Plaud Note may run afoul...