Doing Business in Florida Blog

Client Alert - U.S. Supreme Court Unanimously Determines that Statute Governing Bankruptcy Sale Appeals is Not Jurisdictional

April 25, 2023
Erin M. Hoskins  |  Bankruptcy Litigation

Are You Caught in the Storm?: What Bankruptcy Trustees Need to Know About Hurricane Claims

June 17, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Hurricane Preparedness, Insurance

On the heels of last year’s Hurricane Irma, everyone is mindful about the upcoming 2018 hurricane season. Last year, Hurricane Irma hit Florida and left about 65% of the state without power. In the months following the storm, businesses in the affected areas often struggled to recover, and it was a more difficult process for some more than for others.

Business Owners Beware: Defenses to the Big Bad Bankruptcy Trustee’s Suit Against Your Business for Fraudulent Transfers (Part II)

June 12, 2018
Ashley Dillman Bruce  |  Bankruptcy Litigation, Fraud/Securities Litigation

This article continues from a previous article by this author, available here: Your business now faces an adversary complaint filed by the bankruptcy trustee. The complaint has several counts alleging that your business received fraudulent transfers of assets from a debtor in bankruptcy. The complaint alleges two types of fraudulent transfers. The first

The Eleventh Circuit Reaffirms the “Person Aggrieved” Standard

April 1, 2018
Lewis M. Killian Jr. and Ashley Dillman Bruce  |  Bankruptcy Litigation

The Eleventh Circuit recently reaffirmed the “person aggrieved” doctrine in In re Petricca, 17-10325, 2018 WL 1020046, at *1 (11th Cir. Feb. 22, 2018). The person aggrieved doctrine provides that a person may appeal from a bankruptcy court's order only if he is a person aggrieved by the order. The doctrine limits the right to appeal a bankruptcy

A Statistical Lookback at 2017 for the Eleventh Circuit with a Focus on Bankruptcy Appeals in Florida

January 11, 2018
Ilyse M. Homer  |  Bankruptcy Litigation, Bankruptcy/Restructuring

Ever wonder about bankruptcy appeals; about how long a bankruptcy appeal to the Eleventh Circuit Court of Appeals will take? The answer lies in the Court’s statistical data. The Eleventh Circuit Court of Appeals was established by Congress in 1981 and has jurisdiction over federal cases originating in the southeastern states of Alabama, Florida, and

Long and Expensive Ride for Stay Violators

December 28, 2017
Lewis M. Killian Jr.  |  Bankruptcy Litigation

When a person takes an action against an individual debtor in bankruptcy in violation of the automatic stay imposed under Section 362(a) the debtor is entitled to recover damages under Section 362(k)(1) to include costs and attorneys’ fees. An issue regarding the extent of damages to be recovered has centered on whether the fees that shall be awarded are

The Eleventh Circuit Fundamental-LY Approves of Bar Orders

October 23, 2017
Paul Steven Singerman  |  Bankruptcy Litigation, bankruptcy litigation, Bankruptcy/Restructuring, Business Reorganization, Eleventh Circuit Court of Appeals, Florida Bankruptcy Attorneys, Fundamental Long Term Care; Subject Matter Jurisdiction

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, 2017 WL 46826791 at

The Life Settlement Industry – Bankruptcy Issues – Part 3

August 21, 2017
Leslie Gern Cloyd  |  Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization, life settlements

This third installment of our series delves into the following issues: (1) Are life settlements viewed as securities under applicable state law?  (2) How can the debtor-in-possession, i.e. the debtor in a Chapter 11 bankruptcy case (“DIP”) or the trustee avoid the life settlements going in to grace and/or lapsing due to insufficient funds to make

The Life Settlement Industry – Bankruptcy Issues - Part 1

January 16, 2017
Leslie Gern Cloyd and Deborah B. Talenfeld  |  Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization

A “life settlement” is the sale of a life insurance policy to a third party for a value in excess of the policy's cash surrender value, but less than its death benefit.  The life settlement industry focuses on the purchase and sale of life settlements or fractional interests in life settlements to investors.  These investors may be anyone from

Ruden: The Story of the First Successful Reorganization of a Law Firm and Lessons Learned

January 10, 2017
Leslie Gern Cloyd  |  Bankruptcy Litigation, Bankruptcy/Restructuring, Business Reorganization

Ruden McClosky, P.A. (“Ruden”), a formerly large and prestigious law firm that was founded in 1959 and at its peak had more than 200 attorneys commenced a bankruptcy case by filing a petition for Chapter 11 relief (“Petition”) in the United States Bankruptcy Court for the Southern District of Florida on November 1, 2011.   The firm was a victim of the

Foreign Businesses Catering to U.S. Tourists Can Enforce Contract Provisions Determining Where Litigation for Injuries Suffered Overseas Must Be Initiated

January 5, 2017
Paul A. Avron  |  Appellate Litigation, Bankruptcy Litigation, Bankruptcy/Restructuring, Foreign Businesses, Foreign Courts, Forum Section Clauses, U.S. Tourists

According to a new Eleventh Circuit opinion, Feggestad v. Kerzner Int’l Bahamas, Ltd., foreign businesses that employ online purchase or reservation systems to sell goods or services to U.S. customers can enforce so-called “forum selection” clauses—contract clauses that designate the geographic location of the court that will hear disputes arising from