Sep. 6, 2022

SECURED LENDERS AND SECURED VENDORS BEWARE

By Charles M. Tatelbaum

A NEW SUPREME COURT RULING HOLDS THAT IN FLORIDA, THE DEBTOR’S NAME ON A FINANCING STATEMENT MUST BE EXACTLY CORRECT OR THE SECURITY INTEREST MAY BE DECLARED INVALID

Since the mid-1960s, lenders, and vendors in Florida have been able to perfect security interests in personal property collateral in order to help insure repayment of debt. Under the Uniform Commercial Code (UCC), which is contained in Chapters 671 through 679 of the Florida Statutes, three actions need to occur in order for a security interest to be perfected – (1) an agreement in writing creating the security interest (the security agreement), (2) consideration passing between the parties, and (3) in most situations, the filing of a financing statement (UCC-1 form) with the Florida Secured Transactions Registry. The security interest is perfected when the last of the three items occur.

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Mar. 3, 2017

Ignorance Is Not Bliss: Demystifying Executory Contracts in Bankruptcy Cases

By Charles M. Tatelbaum

An executory contract can create havoc for the unsuspecting counterparty. 

Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the concept of an executory contract can create havoc for the unsuspecting creditor/counterparty. Recent litigation in Delaware involving the sporting goods retailer Eastern Outfitters LLC (Eastern Mountain Sports and Bob’s Stores) points to some of the issues.

 

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Jan. 24, 2017

Lawyer Up: As Retail Bankruptcies Increase, Creditors Must Be Vigilant

By Charles M. Tatelbaum

Virtually no attention has been paid to what will soon be a big problem

While much has been written about the future of brick-and-mortar retailing as a result of the large number of retail bankruptcies during 2016 and even during the first weeks of 2017, virtually no attention has been paid to what will be a significant problem for creditors of those retailers that have sought bankruptcy court protection—even if some of the retail locations remain open.

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Sep. 6, 2016

ASSET PROTECTION PLANNING HAS SUFFERED A SIGNIFICANT SETBACK CREATING A MEANINGFUL OPPORTUNITY FOR CREDITORS

By Charles M. Tatelbaum

A recent decision and opinion by Bankruptcy Judge Robert A. Mark of the US Bankruptcy Court for the Southern District of Florida has created a potential nightmare and morass for those who seek to use asset protection vehicles as part of an overall estate plan or independently, and, at the same time, has created a new opportunity for creditors seeking to recover unpaid debts.

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Jan. 6, 2016

CONSUMER AND BUSINESS ALERT – BE CAREFUL OF THE FINE PRINT EVEN IN THE MOST INNOCULOUS AGREEMENTS

By Charles M. Tatelbaum

In our day-to-day business and personal activities, we often are asked to sign service and other innocuous agreements, both on line and in hard copy with clients and customers, where little time is spent reviewing exactly what is contained in the agreement. While in most cases, the significance of the agreements may not seem important at the time, should an issue arise where a dispute has been created, the so-called “fine print” can create innumerable problems and issues.

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Fresh


Unless we reverse course, the U.S. is on the road to destruction

Once upon a time, people unashamedly espoused the concept of “American exceptionalism.” We took pride in our founding and on the principles of true equality, the inalienable rights of life, liberty and the pursuit of happiness, and consent of the governed. 

Tripp Scott’s Charles Tatelbaum Elected to Shepard Broad Law School Board of Governors

Fort Lauderdale, Fla., May 9, 2023 Tripp Scott today announced that Charles Tatelbaum, a director with the firm, was elected for a two year term to be Vice-Chair of the Board of Governors of the Shepard Broad School of Law at Nova Southeastern University (NSU).

Florida Legislature Enacts Recent Changes to Statute of Limitations and Statute of Repose Affecting Construction Litigation

by Tripp Scott's William C. Davell and Stephanie C. Mazzola

On April 13, 2023, Florida’s Governor Ron DeSantis signed into law Florida SB 360, which, among, other things, shortens the statute-of-repose period for commencing an action based on the design, planning, or construction of improvements to real property.  See ch. 2023-22, Laws of Fla. (2023).  The new law went into effect immediately upon signing; however, the amendments to the statute of limitations and statute of repose set forth in section 95.11(3)(c), Florida Statutes (2023), apply only to actions commenced on or after the act’s effective date, regardless of when the cause of action accrued. See ch. 2023-22, § 3, Laws of Fla. (2023).  An exception is that any action that would not have been barred under section 95.11(3)(c) before the act was amended “must be commenced on or before July 1, 2024.” Id.

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