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Recent Blog Posts

ConcernedCouple

Will an Automatic Stay in Bankruptcy Stop the Sale of My House?

By Julia Kefalinos |

One of the key benefits of filing for bankruptcy is the automatic stay. This puts an immediate halt to any debt collection activity on the part of your creditors until the bankruptcy court has a chance to review your petition. This includes any foreclosure proceedings on your home or other real property. A stay… Read More »

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Can Prosecutors Introduce Evidence of My Alleged “Prior Bad Acts” at My Criminal Trial?

By Julia Kefalinos |

If you are tried for a crime in Florida, the prosecution is generally banned from introducing any evidence that is solely designed to paint you as a “bad character” to the jury. In other words, most evidence regarding your “prior bad acts” are inadmissible, unless those acts are similar to the one you are… Read More »

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What Are My Bankruptcy Options as a Florida Small Business Owner?

By Julia Kefalinos |

The COVID-19 pandemic has put many Florida small business owners in an impossible situation. As consumer demand has fallen while bills continue to mount, many businesses plan to close their doors permanently. But what does this mean from a legal standpoint? For example, does a small business owner need to file for bankruptcy? And… Read More »

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What Is Considered a “Fraudulent Transfer” in a Florida Bankruptcy Case?

By Julia Kefalinos |

Let’s say you are thinking about filing for bankruptcy, but you are afraid of losing certain assets, such as a car or boat. You might think, “What would happen if I simply gave away the asset to a friend just before I declared bankruptcy?” Then, when your bankruptcy was completed, your friend gave the… Read More »

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What Happens to My Potential Civil Lawsuit If I File for Chapter 7 Bankruptcy?

By Julia Kefalinos |

When you file for Chapter 7 bankruptcy in Florida, a court-appointed trustee will take possession of your “bankruptcy estate.” The bankruptcy estate includes all property you own that is not otherwise exempt from the bankruptcy process. By law the estate covers “all legal or equitable interests of the debtor in property as of the… Read More »

DistressedMan

How Dating Violence Injunctions Work in Florida

By Julia Kefalinos |

Florida law permits an individual to seek a court injunction to prevent future acts of “dating violence.” To qualify for such an injunction, the parties must have been in a dating relationship within the past 6 months. There are also several different types of injunctions that may be applicable. For example, Section 784.046(2)(b) of… Read More »

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What Happens to an Unexpired Lease If I File for Bankruptcy?

By Julia Kefalinos |

In a Chapter 13 bankruptcy, a debtor files a proposed plan of reorganization with the court. In plain terms, the debtor must explain how they will repay their creditors over a three- to five-year period. To assist in this, the court will appoint a Chapter 13 trustee, who acts as the legal representative of… Read More »

CrimJustice

Florida Appeals Court: Police Cannot Search Individuals Just Because They Are Carrying a Concealed Weapon

By Julia Kefalinos |

The Constitution protects your right to be free from “unreasonable” searches and seizures by the police. Among other things, this means that a police officer must have reasonable suspicion that some “criminal activity may be afoot” before searching you for a weapon. The officer cannot simply search you for no reason. A “Potentially Lawful… Read More »

Budget

Lawsuit Accuses Agencies of Illegally Lowering Student Loan Borrowers’ Credit Scores During COVID-19 Emergency

By Julia Kefalinos |

In response to the unprecedented economic impact of the COVID-19 pandemic, Congress provided for student debt relief in the recently adopted CARES Act. To be clear, Congress did not cancel any existing student loan debt. But it did order a temporary freeze on payments and interest for anyone who currently owes money on a… Read More »

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How Recent Changes to Federal Bankruptcy Law Could Help Protect Your Florida Small Business

By Julia Kefalinos |

In 2019, Congress enacted the Small Business Reorganization Act (SBRA). This created a new provision of the federal Bankruptcy Code known as Subchapter V of Chapter 11. The idea behind Subchapter V was to give small businesses a “fast track” option for reorganizing themselves in bankruptcy without the need to go through the regular… Read More »

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