All posts by flcarter426

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Breach of Contract: Legal Remedies That Can Be Pursued

When two or more parties enter into a contractual agreement, they agree to abide by the terms of the contract, including understanding that breaching the contract could result in injury and losses. It is important that any individual entering into a contract seek the guidance of a legal professional before placing their signature on the document. Because the law allows for specific remedies if one party is injured due to a breach of contract, the financial implications of a contractual agreement can be significant. Several legal remedies can be pursued if a contract is breached, so it is important that... Read More

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

Choosing a Mediator For Your International Business Dispute

Being involved in a business dispute can be frustrating and highly complex, but thinking about the best way to resolve the dispute is sometimes less difficult. As an attorney representing a business or lender in Broward County, you may want to move forward with a legal dispute, but know that there may be additional obstacles when you are working with companies outside the United States. Thanks to the increasing success of alternative dispute resolution, however, you may have the opportunity to resolve your conflict in an informal neutral forum known as mediation. Choosing a mediator to handle your international business... Read More