Bankruptcy Law Consumer Protection Evelyn J. Pabon Figueroa

Lien Stripping Not Allowed in Chapter 7

Today, the U.S. Supreme Court determined that lien stripping is not allowed in Chapter 7 Bankruptcy cases, ending a practice that benefitted many homeowners in Florida. Bank of America v. Caulkett, 575 U.S. ___ (2015). In this case, the Debtor filed a Chapter 7 Bankruptcy petition and asked the court to strip (remove or void) […]

Appellate Law Constitutional Law Consumer Protection Criminal Law

Appellate Summaries: Gun control – Abramski v. United States, 2014 U.S. LEXIS 4170 (June 16, 2014)

ISSUE I: Under a federal statute, it is a crime to make a false statement to a federally licensed gun dealer about a fact “material to the lawfulness of the sale” of a gun.  Abramski purchased a gun from a federally licensed gun dealer.  On a form that he was required to complete, he indicated […]

Business Law Consumer Protection Negligence Tee Persad

Florida Accountants, are you practicing law without a license?

Accountants who are called upon by their clients for advice must be careful not to give legal advice or provide legal services.  In order to determine whether an activity constitutes the unlicensed practice of law, a two part analysis must be made. First, it must be determined whether the activity is the practice of law. […]

Business Law Commercial Litigation Complex Litigation Consumer Protection CPLS, P.A. News

The Regulation of State Banks

Is a state law that is preempted from enforcement against national banks also preempted from enforcement against out-of-State, State banks? That was the question in Baptista v. PNC Bank, 91 So. 3d 230 (Fla. 5th DCA 2012). RBC Bank was a North Carolina bank. One of its account holders wrote a check to Ms. Baptista.  Ms. […]