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Business Litigation and Real Property Case Updates for the month of September Week ending September 5, 2020 Week ending September 12, 2020 Week ending September 19, 2020 Week ending September 26, 2020
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By Adina Pollan, Pollan Legal Originally published in The Bar Bulletin in the Jacksonville Daily Record On August 11, 2020, Stein Mart announced it had filed for bankruptcy under Chapter 11, following an extensive list of prestigious retail brands that had done the same in 2020: Tailored Brands, Lord & Taylor, Neiman Marcus, Brooks Brothers, to name...
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by Erich Durlacher, Burr & Forman Seven Stars on the Hudson Corp., Case No. 19-17544-SMG (Bankr. S.D. Fla. Aug. 7, 2020) PDF version with footnotes “Timing in Life Is Everything” – John Sculley Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. Grossman dismissed the Seven...
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By Erin Hoskins, Esq., Law Clerk to the Honorable Peter D. Russin, U.S. Bankruptcy Court, Southern District of Florida Florida state and federal courts have increasingly been asked to interpret the terms of reverse mortgage documents to decide whether documents contemporaneously executed along with the mortgage can alter the defined terms of the mortgage.  The...
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With mass unemployment on the rise, Florida, like other states, imposed a moratorium on evictions and foreclosures in place to prevent people from becoming homeless in the midst of a global pandemic.  This moratorium ends on August 1st.  Courts expect a tsunami of evictions and foreclosures, leaving no protections in place for many in our...
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The COVID-19 Pandemic Recovery Task Force has been tackling many important issues since its formation a couple months ago.  The Task Force developed a whitepaper titled “Commercial Property Insurance Claims in Response to COVID-19.”  This whitepaper provides an overview of business interruption insurance coverage in the wake of the COVID-19 pandemic.  It covers the common...
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by Shirley Palumbo, Greenspoon Marder LLP There is a trend in bankruptcy courts across the nation of distinguishing between impairment resulting from a plan and impairment caused by statute.  Depending on the interpretation given by the bankruptcy court, a post-petition interest rate in unsecured contract claims against solvent chapter 11 estates may restrict a creditor’s...
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The Uniform Commercial Real Estate Receivership Act: A solution for creditors concerned about the expected flood of commercial foreclosure filings and the resulting delays in the resolution of real property disputes. By Kenneth Dante Murena and Zachary Hyman As more businesses struggle to continue operations and meet financial obligations, mortgage defaults are likely to surge resulting in...
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Check out these fantastic memories from the 2018 BLS Labor Day Retreat. From yoga class to casino night, the BLS members “Charted a Course for Treasure Island,” where they found Health, Wealth & Wisdom. What’s your favorite memory from Retreat 2018? Email us at flabizlaw@gmail.com
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By Deedee Bitran On June 25, 2019, Florida Governor Ron DeSantis signed into law a new addition to Florida’s non-competition law which significantly alters the enforceability of certain physician non-competition agreements. Section 542.336, Florida Statutes, provides that as of July 1, 2019, non-competition agreements entered into between specialist physicians and an entity which employs or...
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