Wetherington Hamilton, P.A.

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Wetherington Hamilton, P.A. represents creditors in retail and commercial debt collection matters throughout Florida, combining practical collection strategy with experienced commercial litigation support.

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The Corporate Transparency Act: Much Ado About Nothing

A perennial problem for all national governments is preventing criminals from accessing money and the financial systems which grant them access to sources of funding. And while the United States already has numerous regulations designed to stop crooks from using the international banking system, malign actors continue to find ways around these regulations. That is […]

What Is A Bankruptcy Proof of Claim?

The simple answer is that a bankruptcy proof of claim is a document filed in a bankruptcy case that formally registers a claim against a debtor’s bankruptcy estate.  The Bankruptcy Rules provide for a specific proof of claim format which includes the name and address of the Creditor, the amount that the Debtor owes the […]

Recent Changes to Florida’s Construction Lien Statute and Public Bonded Projects – Changes to Florida Statute Section 255.05

Recent Changes to Florida’s Construction Lien Statute and Public Bonded Projects – Changes to Florida Statute section 255.05 By: Theodore J. Hamilton, Esq. The Florida law for a subcontractor, equipment lessor or materialman to perfect a claim on a public construction bond recently changed.   Law of Florida 2019-94: see link here: http://laws.flrules.org/2019/94   Florida Statute section […]

Collection and Domestication of an out of state Judgment in Florida

Collecting on a Foreign Judgment in Florida   Our firm is frequently asked to collect and domesticate out of state judgments in Florida.  Debtors often move to Florida from other states when faced with a Judgment due to the unlimited homestead exception in Florida.    An out of state judgment is considered a “foreign” judgment in […]

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What is a Bankruptcy Meeting of Creditors?

  At the beginning of any Bankruptcy case, the Clerk of the Bankruptcy Court mails a written notification of a bankruptcy filing.  All creditors listed in initial bankruptcy documents filed by a Debtor receive the Notice.  This Notice of Bankruptcy Case sets forth the date, time and location of a Meeting of Creditors along with […]

Memorial Day

Take a Moment to Consider Memorial Day

This coming weekend Americans celebrate Memorial Day. It is a holiday that for most of us marks the beginning of summer. If you live in the northern part of the U.S., Memorial Day marks the opening of pools, lakeside patios and other places that bring back those fond memories of childhood. In Florida, it marks […]

Bankruptcy Creditor Administrative Priority Claims

Bankruptcy Creditor Administrative Priority Claims Under Section 503(b)(9)

So you are a vendor with unpaid invoices from a Client and receive the dreaded Notice of Commencement of Bankruptcy Case. You check your records and see that you have made a large product delivery (or series of deliveries) to the Client—now Debtor—within a short period of time prior to the filing of the bankruptcy […]

Diversity and Inclusion

Diversity and Inclusion in the Practice of Law and Beyond

I recently attended a continuing legal education (CLE) seminar sponsored by the Hillsborough County Bar Association Diversity committee on the topic of Inclusive Communication. The speakers, Devona F. Pierre, Ed.D., and Camille Blake, J.D. are employed at the University of South Florida’s Office of Diversity, Inclusion, and Equal Opportunity. What a timely topic! We all […]

Contract Conditions: How They Can Impact Your Case

Conditions….life is full of conditions. I might tell my son that I’ll let him go to a party or a hockey game if he will clean up his room or take the trash out; these are conditions that he must fulfill in order to get what he wants. We have, in effect, created a verbal […]

Creditors: Do You Have Unclaimed Funds from a Bankruptcy Filing?

Do you have unclaimed bankruptcy funds waiting for you? What are unclaimed funds? Unclaimed funds are monies paid by the Bankruptcy Trustee appointed to administer a bankruptcy estate to the Bankruptcy Clerk, who then is the custodian of those funds until the person entitled to those funds files an application to pay the unclaimed funds […]