May 6th, 2013
In June of 2012, the city of Stockton, CA filed a Chapter 9 bankruptcy case. Although individuals and businesses can file for bankruptcy without court approval, this is not the case for municipalities. They can be debtors only if (among other things) the majority of their creditors agree to their claiming bankruptcy; they negotiate but fail to obtain a majority agreement; negotiation is not practical; or if a creditor is trying to get a voidable preference. The bankruptcy court can reject a municipality’s petition if they feel it was not filed in good faith.
Regarding the Stockton case, the city stated that it was entitled as a debtor due to the fact that they had negotiated but failed to reach majority consent. The bankruptcy judge deferred the decision at the beginning of the case, and directed both the city and the objecting creditors into mediation.
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Tags: chapter 9 bankruptcy, stockton bankruptcy, stockton california
Posted in Bankruptcy Law, Tampa Florida Bankruptcy Attorneys | No Comments »
April 25th, 2013
The word bankruptcy can be a scary one, and for many has negative connotations. Some people think that they have to give up their possessions, including their home and car, in order to claim bankruptcy. There are circumstances, however, that will allow you to file for bankruptcy and keep your larger assets, such as your car or home. Each situation is unique, and it’s best to talk to a bankruptcy attorney to find out how best to proceed based on your personal circumstances. There are many forms and processes to follow in the proceedings, and one thing you may be required to complete is a means test.
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Posted in Bankruptcy Law, Tampa Florida Bankruptcy Attorneys | No Comments »
April 8th, 2013
When to File for Chapter 13 Bankruptcy?
Bankruptcy is never something that people want to think about, but sometimes it does become necessary. It doesn’t mean that you don’t want to pay your debts or you want to ‘stick it’ to your creditors. Life events sometimes make it necessary to wipe the slate clean and give you peace of mind knowing that your creditors will no longer be harassing you day and night. A Tampa bankruptcy attorney service will be able to explain the options that are available to you, based on your individual situation. There are different levels, or ‘chapters’ of bankruptcy and what may work for others may not work for you, and vice versa. Your bankruptcy attorneys will be able to determine what’s right for you and guide you on the best course of action.
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Tags: bankruptcy Tampa, Chapter 13
Posted in Bankruptcy Law, Tampa Florida Bankruptcy Attorneys | No Comments »
March 25th, 2013
Bankruptcy is a scary word for most people, and is used only as a last resort, when no other option seems viable. While it may seem overwhelming and increase your stress level, bankruptcy can have its benefits and give you a fresh start. Every situation is unique, and it’s best to consult a Tampa, FL attorney before making any decisions on whether or not to file for chapter 7 bankruptcy. They can help you determine whether or not you qualify, and will discuss the pros and cons of filing. You should not make any decisions without being armed with as much information as possible.
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Tags: Bankruptcy Tampa FL, Chapter 7
Posted in Bankruptcy Law, Tampa Florida Bankruptcy Attorneys | No Comments »
October 6th, 2012
It is important for a party in a family law case to understand that, while the statute provides that a parenting plan may be modified, in practice it is not always simple. Fla. Stat. 61.13(2)(d) provides that the trial court may modify a parenting plan. But, the establishment of a parenting plan is regarded as “res judicata” (the Latin term for “a matter already judged”) and the court no longer has the same discretion to choose between parents as it did when the plan was first approved. Jablon v. Jablon, 579 So.2d 902 (Fla. 2d DCA 1991).
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Tags: Modification Parenting Plans, Parenting Plans
Posted in Family Law, Tampa Family Law Attorneys | No Comments »
September 24th, 2012
The express public policy in Florida is “that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.” Fla. Stat. §61.13(2)(c)1.
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Tags: Child Custody, Parental Responsibilities, Parenting Plan
Posted in Family Law, Tampa Family Law Attorneys | No Comments »
September 19th, 2012
Parties in a family law matter frequently want to relocate during or after the case. While an adult may relocate without involvement of the court – where and with whom a child under the court’s jurisdiction relocates may be subject to geographic restrictions. The usual goal of a geographic restriction is to promote the best interests of the child while promoting continued reasonable access by the other parent.
In general, parental relocation with a child is governed by Fla. Stat. § 61.13001. Relocation is defined by the statute as a change in the principal residence of a parent or other person of at least 50 miles, and for at least 60 consecutive days not including temporary absences for vacation, education, or health care.
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Tags: Child Welfare, Florida Statutes, Parental Relocation
Posted in Family Law, Tampa Family Law Attorneys | No Comments »
September 5th, 2012
You would think that the “final judgment” would be final, but that is not always the case, and determining whether an order actually constitutes a final judgment is an important consideration for appellate purposes.
In S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974), the Florida Supreme Court held that an order is usually considered final if it “constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.” While this general principle seems simple, misapplying it can be devastating: if you mistake a final judgment as a nonfinal order, you may forever lose appeal rights by failing to appeal within the time limits.
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Tags: Final Judgment, Modified Judgment, Supreme Court
Posted in Family Law, Tampa Family Law Attorneys | 4 Comments »
August 26th, 2012
The Florida Statutes provide all courts the power and duty to grant changes of venue. If a case is brought in the wrong county, a defense of improper venue may be raised. If improper venue is not initially challenged, the issue may not be raised later.
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Tags: Florida Law, Florida Statutes, Venue
Posted in Family Law, Tampa Family Law Attorneys | No Comments »
August 13th, 2012
The Florida Family Law Rules of Procedure provide for a respondent to be default in much the same way as a defendant in a regular civil suit. That is, if the respondent has been duly served and fails to “file or serve any paper” responding to the case, the petitioner may seek to have a default entered by the clerk of the court. If a party fails to plead or defend, a default may be entered by the court.
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Tags: Florida Family Law, Tampa Family Law Attorneys
Posted in Family Law, Tampa Family Law Attorneys | 5 Comments »