Alex Zesch | Iurillo Law

Secret No More: Filing For Bankruptcy Can Destroy The Attorney-Client Privilege

Entering bankruptcy may force the disclosure of conversations a debtor has had with his or her attorneys before filing for bankruptcy. Read More
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Judgment Debtors Watch Ou…

Judgment Debtors Watch Out! New Case Law Protects Creditors with Foreign Judgments

In a victory for creditors, the Supreme Court of Florida recently ruled, in Patrick v. Hess, 2017 Fla. LEXIS 337 (Fla. Feb. 16, 2017), that foreign judgment creditors have significantly more time to enforce their judgments in Florida if they complete… Read More
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Bankruptcy v. Litigation:…

Bankruptcy v. Litigation: What You Need to Consider

Over the past several years, the number of bankruptcy filings has fluctuated substantially, peaking significantly in 2005 when the Bankruptcy Code was revised and again in 2010 with the recession. With the recovery of the economy, there has been a do… Read More
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When Creditors' Rights Issues Collide With Estate Planning, What Should You Do?

Many times the purpose of estate planning may be directly in conflict with the purpose of asset protection and creditors’ rights.  For instance, perhaps gifting by parents to the children over a number of years makes excellent tax advice and addre… Read More
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You Can’t Have Your Cake and Eat It Too: Debtors Who Surrender a Home in Bankruptcy Are Precluded from Challenging the State Court Foreclosure

As a result of this opinion, Florida debtors must be aware that if they elect to surrender their home in bankruptcy in order to obtain a discharge of the personal liability of the debt, they cannot contest a future foreclosure case and must be prepar… Read More
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Family Law and Bankruptcy Issues Intertwined in a Case Involving Unmarried Parents

        We frequently see clients faced with family law issues in bankruptcy court.  Usually the interplay between family law and bankruptcy law involve married couples, but this blog will discuss that even unmarried couples encounter similar… Read More
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Bankruptcy Court Sales Must Be Fair to Business Owners/Creditors

If you are a business owner and you were doing business with a company who later files for Chapter 11 reorganization, and you are owed money by that company, there are many safeguards in place that can be utilized to make sure that you, as a creditor… Read More
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Bankruptcy Court Applies Broad Test and Holds an Alleged “Bad Faith” Claim was Property of the Estate

Debtors considering filing bankruptcy may want to consider a recent decision of the Bankruptcy Court for the Middle District of Florida. In the case of In re James B. Simmons and Cynthia C. Simmons, the court held that an alleged “bad faithR… Read More
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The Fate of Inherited IRAs after the U.S. Supreme Court Ruling

The federal bankruptcy exemptions set forth in the Bankruptcy Code provide that certain “retirement funds” may be claimed as exempt from a bankruptcy estate, including traditional and Roth IRAs[1].  The U.S. Supreme Court recently held in Clark… Read More
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Inherited IRAs before the U.S. Supreme Court

A current issue before the U.S. Supreme Court is whether a debtor who inherits an IRA from a non-spouse, prior to a bankruptcy case, can claim the IRA as exempt in a bankruptcy case. The U.S. Supreme Court recently heard oral arguments on this issue… Read More
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