Nov. 16, 2016

Friendly Reminder: New Overtime Rules Take Effect December 1

By Catalina M. Avalos

Catalina M. Avalos & Megan L. Janes

If you are not paying your administrative, professional, or executive employees at least $913 per week (the equivalent of $47,476 per year), you may have to pay those employees overtime if they work more than forty hours per week, effective December 1, 2016. Why? The Department of Labor is increasing the minimum salary threshold for the overtime exemption for such employees from the current requirement of at least $455 per week.

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Oct. 11, 2016

The Significance of the 2017-18 Constitution Revision Commission

The upcoming Constitution Revision Commission will impact the lives of a significant number of Florida’s citizens. The Commission has the power to propose changes to the Florida Constitution, which then must be ratified by the voters of the State. The procedures of the Constitution Revision Commission, as well as different ways citizens can get involved, are described below. Because of the significant potential impact of constitutional amendments, careful focus needs to be put on the process.

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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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Sep. 1, 2016

Kristopher Aungst Elected to Branches’ Board of Directors

By Kristopher Aungst

Tripp Scott today announced that Kristopher Aungst, a director with the law firm, has been elected to the board of directors of Branches. 

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Apr. 18, 2016

The Technicalities of Creditor Claim Deadlines in Florida Probate Estates

By Jeffrey Fauer

Creditor claims are a common source of litigation in probate estates.   Whether large or small, almost every probate estate has a creditor that files a claim.  Creditor claims are typically based on the debts of the decedent that arose prior to death, and can range anywhere from a claim by American Express for unpaid credit card bills, to a claim by a former business partner for payment of principal and interest on a multi-million dollar promissory note.

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Fresh


Ignorance Is Not Bliss: Demystifying Executory Contracts in Bankruptcy Cases

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.

 

Evening of Wine & Cheese

A private reception
Tuesday, February 28, 2015
5:30 p.m. – 7:30 p.m. 
Timpano’s Italian Chophouse 

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

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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