Are you a creditor in a bankruptcy case? Did you receive a Notice from the Bankruptcy Court advising you that there are funds available to pay creditors in a case and alerting you to complete and file a Proof of Claim? If so, then the Notice would have also included a blank Proof of Claim […]
All states have a limitations period which restricts the time period that you can file suit to collect a debt. Some statute of limitations periods are as short as one year and some up to 20 years. In Florida, generally, the limitations period to sue to collect an unpaid obligation is five years for a written contract and four years on an unwritten agreement (see Florida Statutes Chapter 95).
Today, the stock market is at an all time high. American’s are riding a wave of prosperity not seen in a long time. The obvious question on many minds, is when will the stock market begin to decline. Recently, a review of the actions of the FED in lowering interest rates in early 2008 has […]
Borrowers sometimes sell, misuse or misappropriate secured collateral (i.e. equipment, inventory or vehicles) without notification to the lienholder. What remedy does the lienholder have if the Borrower subsequently files a bankruptcy case? What happens if the lienholder’s security interest is not properly perfected? The Eleventh Circuit of Appeals considered both issues in the case of […]
In the past couple of months, I have heard of the deaths of a number of my high school classmates. And right after an attorney friend of mine retired from the practice of law, his wife died suddenly and unexpectedly. Our best laid plans can be side-tracked by catastrophic illness, or becoming a caregiver for […]
“Self-Help” refers to the collection method where property of a debtor may be taken without going to court. Traditionally, self-help can be taken if a debtor is in default for payment and without notice to the debtor. The usual methods of self-help are by “set-off” and repossession. Set-off is a creditor’s right established by common […]
The pending revisions to Federal Rule of Bankruptcy Procedure 3015.1 permit Bankruptcy Court Districts to “opt out” of the Official Form of Chapter 13 Plan approved by the Judicial Conference of the United States Courts. The judges of the Middle District of Florida Bankruptcy Court have elected to “opt out” and have approved a Local […]
Recently, the Florida Attorney General, Pam Bondi, quipped that OJ Simpson was not welcome in Florida. Simpson’s attorney hit back hard saying his client was moving to Florida no matter what. But Simpson’s attraction to Florida likely goes well beyond the fact that he may have relatives here. Among the States, Florida has some of […]
Have you heard why sharks won’t attack lawyers? Professional courtesy! (insert laugh here). We have all heard jokes about lawyers referencing their behavior as aggressive, unprofessional, offensive, shady, etc. This may come as a surprise to some, but as attorneys, we are bound by Rules of Professional Conduct. In order to become a member of […]
We have all seen them, the giant billboard that says “Aggressive for You”; “Make your wallet fat with us”; “Over 150 million recovered for victims”; or “Just Because You Did It, Doesn’t Mean You’re Guilty”. Now it may be hard to believe, but at least in Florida, the Bar Association approves each and every billboard […]
Wetherington Hamilton, P.A.
812 W. Dr. MLK Jr., Blvd., Suite 203, Tampa, FL 33603
Phone: (813) 225-1918 • Fax: (813) 225-2531 • Email