Got a Chapter 7 Trustee seeking to avoid a transfer as a preference under 11 USC § 547 ? You may want to think about asserting an “Indirect Transfer” Defense. The U.S. Trustee or debtor can seek to set aside a payment made to a creditor within 90 days of the debtor’s bankruptcy filing pursuant to […]
Holiday wishes from our office to you and yours Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: [email protected] Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney, Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy […]
Hanukkah (alternately spelled Chanukah), meaning “dedication” in Hebrew, refers to the joyous eight-day celebration during which Jews commemorate the victory of the Maccabees over the armies of Syria in 165 B.C.E. and the subsequent liberation and “rededication” of the Temple in Jerusalem. The modern home celebration of Hanukkah centers around the lighting of the hanukkiyah, […]
The Third District Court of Appeal, State of Florida, held that a re-filed foreclosure action was not barred by Florida’s five year statute of limitations, because the statute of limitations was triggered by a notice of default. The Appellate Court held that the statute of limitations was triggered by the foreclosure complaint, not the mortgagee’s […]
Thanksgiving Day is a national holiday celebrated in Canada and the United States as a day of giving thanks for the blessing of the harvest and of the preceding year. It is celebrated on the second Monday of October in Canada and on the fourth Thursday of November in the United States. Thanksgiving has its historical roots in religious and cultural traditions and has […]
The 5th DCA of the State of Florida, held that a mortgagee was not entitled to final judgment of foreclosure where the mortgagee failed to introduce any evidence of adequate protection for its lost note at trial, as required under Fla. Stat. 673.3091. The Court followed the 3rd DCA decision in Guerrero v. Chase Home Fin., […]
Fourth District District Court of Appeals of the State of Florida, entered a final summary judgment of foreclosure that had been entered with the incorrect legal description was a “voidable,” not “void” judgment and, as a result, was subject to the one year time limit for motions to vacate the judgment. The Court held, that the mortgagee […]
The Eleventh Circuit Court of Appeals recently held that the Home Affordable Modification Program (“HAMP”) does not create a private cause of action. the parties had a temporary modification in place, and athough the two parties agreed to a temporary modification, the lender then indicated that it would not extend a permanent loan modification to […]
The Eleventh Circuit Appeals held in a putative class action that: (1) the Federal Arbitration Act did not preempt South Carolina law regarding the contract defense of unconscionability; (2) a fee-shifting provision in a bank’s deposit account agreement containing a separate mandatory arbitration provision was unconscionable and thus unenforceable; (3) the fee-shifting provision was severable from […]
The Sixth Circuit modified the foreclosure procedure on August 15, 2015 by Administrative Order. If you have a Bankruptcy client who has had a prior bankruptcy in the same foreclosure suit, the Judges will not stop the foreclosure sale- even if the bankruptcies were more then a year apart and the Stay is valid. The […]
Our office stands ready to serve your needs.
Our office stands ready to serve your needs.
Phone: (727) 410-2705
Phone 2: (727) 330-1627
We are LBQT friendly; service animals welcomed; free parking and free WIFI.
Day, Evening and Weekend appointments available
2451 McMullen Booth Rd. #254 Clearwater, FL 33759
