Jun. 25, 2021

An Alert to Attorneys, Receivers and Trustees: Immunity From Suit May be Terminated Once the Case Has Closed

One hundred forty years ago, the U.S. Supreme Court held in Barton v. Barbour, 104 U.S. 126, 128 (1881), that before suit is brought against a receiver, leave of court by which he was appointed must be obtained. The so-called Barton doctrine has since been expanded to also include bankruptcy trustees and other fiduciaries, but a recent ruling by the Eleventh Circuit Court of Appeals has dramatically curtailed its lifespan. On June 15, the Eleventh Circuit issued its opinion in Chua v. Ekonomou, No. 20-12576, holding that once a receivership or bankruptcy proceeding is concluded, a litigant no longer needs to obtain permission from the receivership or bankruptcy court before initiating suit against the court-appointed receiver or trustee. By doing so, the Eleventh Circuit has also created a split among the circuits, creating possible jeopardy for receivers and trustees and paving the way for a possible return of the Barton doctrine to the U.S. Supreme Court. 

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Jun. 22, 2021

Mayor Trantalis Nominates Tripp Scott's Shari McCartney to Serve on the Fort Lauderdale Planning and Zoning Board

FORT LAUDERDALE, Fla., June 11, 2021 – Tripp Scott today announced that Shari McCartney, a director with the firm, was nominated by Mayor Dean Trantalis to serve on the City of Fort Lauderdale Planning and Zoning Board.

 

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May. 4, 2021

Sen. Marco Rubio Appoints Tripp Scott's Ed Pozzuoli to the Southern District Judicial Advisory Commission (JAC)

FORT LAUDERDALE, Fla., April 30, 2021 – Tripp Scott today announced that Ed Pozzuoli, CEO of Tripp Scott, was appointed by Sen. Marco Rubio to the Southern District Judicial Advisory Commission (JAC) for the 117th Congress.

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Apr. 1, 2021

PRESIDENT BIDEN SIGNS INTO LAW A COVID-19 BANKRUPTCY EXTENSION ACT

On Saturday, March 27, 2021, President Joe Biden signed into law the "COVID-19 Bankruptcy Relief Extension Act" which, among other things, extends provisions providing financially distressed consumers and small businesses an expeditious and economical procedure for bankruptcy relief.

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Mar. 15, 2021

Tripp Scott's Paul May Named One of Broward County Bar Association's 40 Under 40

FORT LAUDERDALE, Fla., March 2, 2021 – Tripp Scott, P.A. is proud to announce that Paul May, an associate with the firm, has been named one of the Broward County Bar Association's 40 Under 40.

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Fresh


Lease Agreements and Attorney Review: Invest Now or Later

SPECIAL REPORT by Tripp Scott's Matthew Zifrony as published in the FLORIDA TREND

A current or prospective tenant is presented with a lease contract with
several seemingly untenable terms. The landlord says the contract is non-negotiable. The tenant takes him at his word, quickly signs and returns the contract, and hopes nothing bad arises.

Bankruptcy Courts' Powers to Sanction Attorneys, Others Expanded by New Appellate Ruling

As Published in the Daily Business Review

An Op-Ed featuring analysis from Tripp Scott's Chuck Tatelbaum and Corey Cohen

While it has been long recognized that bankruptcy courts have the power to sanction attorneys and litigants pursuant to Rule 9011 of the Bankruptcy Rules of Procedure (a rule that is almost identical in substance to Rule 11 of the Federal Rules of Civil Procedure), a recent appellate ruling clarifies and expands the power and authority of bankruptcy courts to sanction attorneys and litigants based upon the inherent power of the bankruptcy court as well as the broad authority granted by Section 105(a) of the Bankruptcy Code. 

Critical Drafting Considerations for LLC Members' Operating Agreements

SPECIAL REPORT featuring analysis from Tripp Scott's Paul O. Lopez and Brittany Hynes

As Published in the Daily Business Review

If an operating agreement is in place and not drafted correctly, the parties could inadvertently broaden this narrow exception under Florida law and create avenues for direct claims by and between one another which are not generally available to them under the Florida Revised Limited Liability Company Act (the Revised LLC Act).

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