Are You Caught in the Storm? What Bankruptcy Practitioners Need to Know about Hurricane Claims

Although it has been over ten years since a hurricane made landfall in Florida, now is the time for those involved in bankruptcy filings to consider the impact a hurricane can have on proceedings and take the necessary steps to avoid getting caught in a storm of financial disarray. Debtors, trustees, and debtors in possession […]

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Business Owners Beware: The Big Bad Bankruptcy Trustee May Come After Your Business for Fraudulent Transfers (Part I)

Your business receives payment for goods or services that your business provided to a customer (“XYZ Inc.”). Your business is paid from the customer’s corporate account.  You know that the payment came from XYZ Inc.’s corporate account because the check or credit card used for payment is in the name of XYZ Inc.  However, three […]

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False Advertising Claims May Be Barred by Laches

Your business has been advertising that your product “beats the competition” and has “better ingredients than the competition” for ten years. In year eleven, your competitor launches an advertising campaign targeted directly at your product and names your product directly in comparative advertisements. You cannot allow your product’s name to be smeared to your customers, […]

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Commercial Landlords and Tenants Beware: The Failure to Properly Terminate a Lease Pre-Petition Can Lead to Unexpected Results

A commercial landlord’s failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and tenant, before and after the tenant files for chapter 11 bankruptcy protection.  In particular, a commercial landlord’s failure to elect and effectively pursue its remedy of lease termination may preclude any subsequent action […]

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Not So Fast: A Recent Florida Case Highlights the Import of Acceleration Provisions in Chapter 11 Bankruptcy Plans of Reorganization

When a chapter 11 plan of reorganization contains no provision that allows for the full debt to be collected in the event of a debtor’s nonpayment, the creditor’s obligation cannot be accelerated under Florida law absent an acceleration provision. The recent case of Baggett Bros. Farm, Inc. v. Altha Farmers Co-op., Inc., No. 1D:13-4200, 39 […]

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