Lost Job from Coronavirus in Florida—What to Do First

People are losing their jobs in Florida from the coronavirus pandemic. The COVID-19 coronavirus has already devastated the Florida economy. The entire tourist and convention industry is effectively shut down, and the restaurant industry is almost shut down too. Because these businesses cannot afford to pay their everyday employees many Florida employees will lose their …

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Force Majeure Clause Under the Coronavirus Epidemic in Florida

The coronavirus (COVID-19) pandemic has already caused financial hardship to small businesses, business owners, and unemployed individuals across Florida. Many individuals are concerned about their ability to pay financial obligations such as credit card bills, mortgage payments, and bank loans. Does the unforeseeability of the coronavirus outbreak allow you to use a force majeure clause …

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Coronavirus Effect on Economy Could Increase Need for Asset Protection

The outbreak of the COVID-19 coronavirus is just beginning, but already it looks like it will substantially damper the Florida economy. Businesses are closing to the public, people are staying home, service and tourist industry employees are being laid off or are having their hours reduced without pay. And health experts warn that the worst …

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State Where Collection Takes Place Governs Collection Law and Procedure

A civil judgment rendered in one state is enforceable in any other state under the concept of “full faith and credit.” The U.S. Constitution provides that each state must give full faith and credit to a civil order issued in another state’s court. For example, a money judgment issued in a Georgia court can be …

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Fraudulent Transfers Remedy Under Proceedings Supplementary

Collection of money judgments is conducted through proceedings supplementary under Florida Statute 56.29. The proceedings supplementary statutes include procedures to remedy the debtor’s fraudulent transfers of personal property.  (56.29 (3). Fraudulent transfers are also addressed under a separate statute, Section 726.105. Section 726.110 imposes a four year statute of limitations on fraudulent transfer actions brought …

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Head of Household Exemption Does Not Require Dependent Tax Designation

Florida law exempts from garnishment earning paid to a debtor who is head of household. Head of household means that the debtor provides most of the support for another person whom the debtor is legally obligated to support. Taxpayers claim as a tax dependent people whom they financially support. Usually, a head of household also …

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Florida Homestead Exemption Not Affected By Commercial Operation on Land

Technology has made it easier for people to operate a business at or next to their primary residence. Operating a commercial venture on the property where you reside raises issues about Florida’s homestead exemption from creditors. The issue is whether a Florida resident can operate a commercial business on his homestead property without forfeiting homestead …

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Moving To Florida With Community Property

I’ve seen recently several clients who are interested in moving to Florida from community property states including California and Arizona. I recently published a post about the status of a non-debtor spouse’s LLC interest that the couple acquired in Texas before moving to Florida. Other clients have asked about other types of community property assets …

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Bankruptcy Debtor Denied Exemption For Self-Directed IRA

A self-directed IRA is a personal IRA plan where the owner can invest IRA funds in assets other than marketable securities, such as real estate. There are companies that provide qualifying IRA plan documentation and who hold title to your customized IRA assets. The self-directed plan provisions require that the owner not use IRA money …

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