Creditors' And Debtors' Practice in Florida
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This manual explores the intricacies of debt collection in Florida for both secured and unsecured claims. Prejudgment and postjudgment procedures are described, as well as issues of exemptions, immunity, bankruptcy, fraudulent transfers, and discovery in aid of execution.
Highlights of the new Sixth Edition:
- 2016 2016 Amendments to F.S. Chapter 65
- Discussion of the recent, conflicting jurisprudence regarding F.S. 702.06 and the issue of a foreclosure plaintiff’s ability to sue at common law to recover a deficiency judgment
- Florida Supreme Court’s decision regarding the 2011 amendment to F.S. 55.03(3) and its application limited to judgments entered after July 1, 2011
- Personal property exemptions and automobiles as medically prescribed "health aids"
- Updated analysis of the legislative and judicial response to Beal Bank v. Almand & Associates, 780 So.2d 45, 58–59 (Fla. 2001)
- Updated analysis of the Florida Revised Limited Liability Company Act
- Updated statutes and rules
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Table of Contents
Chapter 1 Preliminary Analysis Of Creditors' Claims
Lori V. Vaughan
Chapter 2 Unsecured Claims
Christopher L. Barnett
Chapter 3 Enforcement Of Secured Claims
lori V. Vaughan and Megan W. Murray
Chapter 4 Prejudgment Remedies For Unsecured Creditors
Amy L. Drushal and Stephanie C. Lieb
Chapter 5 Perfection Of Judgment Liens
W. Patrick Ayers
Chapter 6 Exempt And Immune Property
Sherry Fowler Chancellor
Chapter 7 Fraudulent Transfers
Rodney Anderson, Noel R. Boeke, and William Keith Fendrick
Chapter 8 Considerations Involving Corporations
Jeffrey W. Warren and Adam Lawton Alpert
Chapter 9 Discovery In Aid Of Execution
Robin S. Trupp
Chapter 10 Judicial Lien Enforcement
W. Patrick Ayers
Chapter 11 Extraordinary Remedies
Guy Piers Coburn