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Although there are exceptions, Florida has an uncapped homestead exemption that permits homeowners to protect the full value of the equity in their homesteads from most of their creditors’ claims. Combined with the absence of a state income tax (and idyllic weather), Florida remains an attractive place to call home for people looking to either […]
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The Florida Supreme Court recently decided a case involving a request to have a judge recuse himself from a lawsuit merely because an attorney for one of the parties was a “Facebook friend.” Resolving a split between Florida appellate circuits, the court determined that Facebook friendship is different than the traditional notion of friendship and […]
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Construction projects have the tendency to create disputes. Avoiding these disputes by knowing your contractor and having a solid contract can alleviate disputes, delays in completion and the financial hardships that often accompany defeated expectations. The case of Forbes v. Prime General Contractors, Inc., 43 Fla.L. Weekly D2094a (2nd DCA 2018) illustrates the damages that […]
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Bankruptcy-Preferences & The New Value Defense. Business owners can breathe a sigh of relief based upon a recent decision by the 11th Circuit Court of Appeals that clarified one of the several defenses to suits by debtors or trustees to recover “preferences”. Preference suits are typically designed to recover payments made by a debtor to […]
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Section 1322(b)(2) of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., enables a debtor “to modify the rights of holders of secured claim, other than a claim secured only by a security interest in real property that is the debtor’s principal residence. . .” This restricts most owners of homestead property from doing anything […]
