Category Archives: Bankruptcy

Are Credit Card Surcharges Legal in Florida?

Florida law currently prohibits a seller from imposing a surcharge on any buyer who elects to use a credit card. However, a federal Eleventh Circuit Court of Appeals case in 2015, decided on the merits that Florida law prohibiting a merchant from imposing surcharge fees was unconstitutional because it regulated commercial free-speech rights. Similarly, in a U.S Supreme Court case in 2017, the court struck down a New York law that did the same. As our state law continues to stand, federal case law has since overruled the prohibition of seller surcharges.

Covid-19 Disaster Assistance Update

The measurements taken to prevent the spread of Covid-19 in the US have caused an economic downturn that is dramatically affecting our country’s small businesses. While Congress was able to enact the CARES Act to provide emergency financial aid to those applied for one of its programs; unfortunately, it has now been reported that funding for these programs has been exhausted. 

Who is a Borrower’s Representative?

Borrower’s Representative means an individual or an organization that is designated by the Borrower to act on behalf of the Borrower by a written certificate and complying with the requirements of the applicable state. The borrower’s representative always requires some written proof of authority before being able to act on behalf of the borrower.

How Do I File for Bankruptcy?

What Happens If I Declare Bankruptcy? Chapter 7 and Chapter 13 of the Bankruptcy Code are aimed at relieving an individual debtor of his accumulated debt and giving him a so-called “fresh start”. The goal of the bankruptcy proceeding is to have the most important and secured creditors paid out of the liquidated assets of…   + Read More…

Creditor Bankruptcy Collection Process

Will Filing for Bankruptcy Stop Collections? Once the debtor files for bankruptcy and the court accepts the petition, the court places an automatic stay on all of the debtor’s property. Automatic stay means that the property becomes safe from creditors, and all collection attempts must cease. This includes telephone calls, letters, legal actions, etc. The…   + Read More…