Florida Asset Protection Blog
Florida Asset Protection Blog covers Florida asset protection and bankruptcy law.
Author: Author Jonathan Alper is an Orlando, Fla., lawyer.
Blawg Related Categories: Bankruptcy Law • States • Florida
Recent Posts from Florida Asset Protection Blog
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Tax Reporting Requirements For Offshore Asset Protection
Many callers and clients express interest in offshore asset protection planning. I have prepared some offshore trusts and many offshore limited liability companies over time. Any type of offshore asset protection is complicated, in part,…
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Liability For Dog Bites
"Every dog is entitled to one bite." This saying refers to a legal tradition that a dog owner cannot foresee his dog is dangerous before the dog has actually bitten someone. The first dog bite…
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Using Exculpatory Clauses To Limit Liability For Negligence
Some businesses try to limit negligence lawsuits associated with their services or products by having customers sign agreements with "exculpatory clauses." An exculpatory clause denies or limits the customer’s right to sue the business for…
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Homestead Protection Not Afforded To House Titled In A Family Partnership
Only individuals can claim homestead protection. The Florida Constitution states that homestead protection applies to "natural persons." I read a case this week wherein a debtor had transferred their homestead property to a family limited…
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Court Protects Homestead Property Used For Debtor's Commercial Business
Homestead protection applies to homes and land occupied by a debtor as his primary residence. Property used for commercial purposes or for the production of income generally does not qualify for homestead protection. A Florida…
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Lenders May Delay Condo Foreclosure To Avoid Paying Dues
Clients often ask me why it takes some banks so long to begin foreclosure on default loans. Part of the problem is backlog at the mortgage companies or their attorneys. Some banks are deliberately delaying…
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Homeowner May Be Personally Liable For Code Violation Fines On Abandoned Residence
When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is…
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Creditor Rights To Attack Debtor's Charitable Gifts
You would think that people who donate substantial sums of money to charity would get a break when defending their charitable planning from judgment creditors. This past week a client asked me whether her creditors…
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Short Sale With BOA Is Bad Deal For Borrower
A couple consulted with me concerning a proposed short sale of an "upside down" investment property. They had give a purchase money first mortgage to Bank of America, and subsequently, borrowed additional money under a…
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Estate Planning Trusts Can Jeopardize Homestead Protection
Asset protection planning is part of estate planning. Tax planning is part of estate planning. Often, however what is good tax planning is not good for asset protection. A recent example is a client who…