Monthly Archives: December 2014

Mediation in Debtor/Creditor Matters

As plaintiff’s counsel in commercial or business litigation in Florida, you have no doubt been in a position where you know you have a good case, and that your client is in the right. Your client is also probably very well aware of this fact. The expectation that you will succeed and recover monetary damages is high. The defendant may not even be contesting liability in your case. However, you have a problem. The defendant is teetering on the verge of insolvency. If you win and obtain a judgment, you may trigger a universal default with the defendant’s other creditors.... Read More

The Financial Institutions Bankruptcy Act of 2014

The U.S. House of Representatives spent Cyber Monday in session rather than online shopping. On December 1, 2014, the House passed H.R. 5421, aka the Financial Institutions Bankruptcy Act of 2014. The bipartisan bill was introduced in September. It received support from both sides of the aisle in the House as well as the support of the Federal Reserve, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency. If the bill receives approval by the Senate and the signature of the President, it would amend the Bankruptcy Code as it pertains to insolvent financial institutions by... Read More

Utilizing Bankruptcy Counsel Expertise

Housed in every federal courthouse there is an area devoted solely to the practice of bankruptcy law. Often the courtrooms and clerk’s office are in an obscure, hard to find back corner of the building. Bankruptcies are so unique they merit their own section in the Federal Rules of Procedure. Cases are generally assigned to judges who only deal with bankruptcies. As a Florida commercial business litigation attorney, you have probably visited the bankruptcy court. Perhaps you attended a 341 creditors’ meeting to represent a client trying to recoup any portion of a loss they were about to experience because... Read More