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. Pre-judgment and post-judgment procedures are described, as well as issues of exemptions, immunity, bankruptcy, fraudulent transfers, and discovery in aid of execution. Helpful practice forms are also provided.
Highlights of the new Eighth Edition:
- Florida Supreme Court's resolution of a judicial split over whether a unilateral attorney fees provision in a credit card contract is made reciprocal to a debtor defendant under F.S. 57.105
- Florida Legislature's newly added subsection (8) to F.S. 57.105 involving debtor defenses and attorney fee
- Filing of a more streamlined small business case and the extension of the increased debt limit under COVID-19 Bankruptcy Relief Extension Act of 2021
- Newly enacted Uniform Commercial Real Estate Receivership Act
- Recent amendment to the Florida Small Claims Rules prohibiting a non-attorney from representing a business entity in appellate proceedings
- Repeal of F.S. 607.1421, eliminating the personal liability of directors, officers, and agents of an administratively dissolved corporation
Visit our Business Law website for a complete list of The Bar's Business Law related titles.
Visit The Florida Bar Legal Publications Publications website for a complete list of The Bar's titles.
The 7th Edition ISBN was 9781522176923.
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Table of contents
1. Preliminary Analysis Of Creditors' Claims
Megan W. Murray
2. Unsecured Claims
Andrew V. Layden
3. Enforcement Of Secured Claims
Megan W. Murray
4. Prejudgment Remedies For Unsecured Creditors
Amy L. Drushal and Stephanie C. Lieb
5. Perfection Of Judgment Liens
W. Patrick Ayers
6. Exempt And Immune Property
Sherry Fowler Chancellor
7. Fraudulent Transfers
Noel R. Boeke and William Keith Fendrick
8. Considerations Involving Corporations
Jeffrey W. Warren and Adam Lawton Alpert
9. Discovery In Aid Of Execution
Robin S. Trupp
10. Judicial Lien Enforcement
W. Patrick Ayers
11. Extraordinary Remedies
Jodi Daniel Dubose