Homestead Exemption

Can Non-Citizen Foreigner Qualify for Florida Homestead Protection?

A recent Florida bankruptcy case, In re De Bauer, examined when a non-citizen, or foreigner, could qualify for the Florida homestead protection. The Florida homestead is one of the most powerful asset protection tools for judgment debtors. The Florida constitution exempts an unlimited amount of equity in a debtor’s homestead, subject to certain acreage restrictions….

Fraudulent Transfers

Does the “Catch-All” Remedy for Fraudulent Conveyances Allow Award of Monetary Damages?

A debtor can transfer assets to a non-debtor at any time including after a creditor has filed a lawsuit and even after the court has awarded a money judgment against the debtor. Such late asset transfers can be challenged as fraudulent conveyances. The creditor remedies for a debtor’s fraudulent conveyance statute are provided by section…

Business Asset Protection

How to Protect Websites and Domain Names from Judgment Creditors

For some businesses, the most valuable asset they have is their website and domain name. Even in cases where the website and domain names would not have any market value to anyone else, a judgment creditor may still seek to levy on this unique personal property in order to pressure the debtor to pay all…

Asset Protection | Garnishment

Can Cryptocurrency Be Garnished?

Can creditors take your bitcoin? Many people believe cryptocurrency, such as bitcoin, might be the holy grail of asset protection. They think that cryptocurrency cannot be garnished or seized by a judgment creditor, and they think that cryptocurrency holdings are confidential assets that debtors do not have to disclose bitcoin to creditors. Alas, cryptocurrency may…

Exemptions

Can a Judgment Creditor Garnish Your Stimulus Check?

Several people in the last week have asked whether a judgment creditor can garnish their stimulus check. The latest COVID relief bill provides some people with up to $1,400 per person, plus an additional amount for having dependents. Once deposited into your bank account, this money is not safe from garnishment. Prior COVID relief bills…

Asset Protection

How to Protect Assets Against Federal Agencies Like the FTC and SEC

Federal agencies such as the Federal Trade Commission and Securities and Exchange Commission often pursue individuals for violations of consumer and investor protection laws. The FTC frequently enforces laws regulating telephone or email marketing, and the SEC enforces rules concerning money solicitation for investment.  Federal agency statutes give the enforcement divisions enhanced collection tools not…

Fraudulent Transfers | Case Law Update

Creditor Attorney Fees in Fraudulent Transfer Action

Judgment debtors often discover that a creditor’s judgment includes substantial amounts of money accrued or incurred after the court issued the judgment. These post-judgment charges can include attorneys fees awarded to the creditor’s attorney. Florida law authorizes a court to award attorneys fees where either a Florida statute provides for attorneys fees in certain legal…

Asset Protection

Can a Land Trust Beneficiary Be Sued in Florida?

One of our clients is concerned about his personal liability as the beneficiary of a land trust. The client owns several rental properties in various Florida counties. The client wanted to protect confidentiality of his property ownership, and for that reason he took purchased each property in the name of a separate Florida land trust….