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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

What Role Does a Business Bankruptcy Mediator Play?

There are many details to sort out when you’re in the midst of a business bankruptcy in Fort Lauderdale as an attorney, and you may have questions about the role of the mediator. Bear in mind that the mediator doesn’t actually hand down any decisions, which makes this a different process than litigation or arbitration. The mediator is instead appointed as a neutral third party who will try to help the parties and their counsel find a consensual resolution to disputed bankruptcy issues so that neither party has to go through litigation. The mediator’s role is to gain an understanding... Read More

Will Mediation Stop My Client’s Foreclosure?

A client can easily become consumed with fears over losing their Miami home to foreclosure. If you’ve spent any time researching how to move forward with the case, you’re likely wondering whether mediation can help stop their Miami foreclosure. The good news is that many people have been able to use mediation to stop the foreclosure of their home, and mediation tends to help people reach an agreement with the lender sooner rather than later. As foreclosure conversations become more serious, it’s a good idea to attempt to resolve outstanding issues before it becomes too late. That’s where you might... Read More