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 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. […]