Is a Green Card Required For Florida Domicile and Exemptions?

Jon Alper Uncategorized

Debtors can claim Florida’s asset exemptions only if they are domiciled in Florida. People sometimes confuse the term “domicile” with the term “residence.” A person is a resident of any place where he resides and keeps property. A person may be a resident of more than one state; some people have second and third homes in several states. A person …

Options To Enforce Foreign State Judgments in Florida

Jon Alper Creditor Rights

Most creditors understand that if they obtain a money judgment in a state other than Florida the creditor can transfer the judgment to Florida in order to pursue the debtor’s Florida assets. Creditors are often uniformed about how long they have to collect the foreign judgment in Florida. The question is: what is the statute of limitations of a foreign …

Florida Court Cannot Garnish Georgia Bank Account

Jon Alper Writ Of Garnishment

Several courts have held that a judgment creditor may not garnish a debtor’s bank account located in another state when the bank has no Florida branches. In February, 2019, a U.S. federal court reached the same conclusion, but in this case, the court gave the creditor additional time and options to get the debtor’s money. (2017WL9439161) The Florida debtor had …

Money Damages Against Recipient of Fraudulent Transfer

Jon Alper Uncategorized

Florida law limits creditor remedies for fraudulent transfers. A court may reverse a transfer but it may not impose additional damages against a debtor simply because the debtor transferred property to avoid the judgment. The law does not prohibit damages against a transferee who is not the debtor. The recipient of a fraudulent conveyance is exposed to damages. In a …

Nevis Amends LLC Ordinance

Jon Alper Offshore Planning

The Nevis government enacted an amendment to the Nevis Limited Liability Company Act in December, 2018. The amendment pertains to the taxation of Nevis limited liability companies that does business in Nevis. The amendment appears to be in response to international movements to restrict use of offshore tax havens. The amendment provides that Nevis LLCs formed on or before December, …

Judgment Against Intermediary of Fraudulent Transfer

Jon Alper Uncategorized

Florida law limits creditor remedies for fraudulent transfers. A court may reverse a transfer but it may not impose additional damages against a debtor simply because the debtor transferred property to avoid the judgment. The law does not prohibit damages against a transferee who is not the debtor. The recipient of a fraudulent conveyance is exposed to damages. In a …

Court Awards Punitive Damages For Fraudulent Transfers

Jon Alper Fraudulent Transfers

Florida residents who conduct business in other states may find themselves subject to the courts and the laws of the foreign state. Specifically, a court in another state that issues a money judgment against a Florida resident who did business in that state can enforce fraudulent transfer laws and remedies in the foreign state. Many states have fraudulent transfer remedies …

Discovery of Personal Financial Information During Lawsuit

Jon Alper Creditor Rights

Parties involved in litigation some times request financial information about the opposing parties. The requests may be expressed broadly to include proprietary or personal financials. My clients have often asked whether they can be compelled to reveal financial information to opposing parties. The answer depends upon the nature of litigation. Prior to judgment, the scope of financial discovery is limited. …

Can Foreigner File Bankruptcy in Florida?

Jon Alper Bankruptcy

Florida residency is significant if bankruptcy is more than one way. A person may not claim Florida bankruptcy exemptions unless he has resided in Florida for two years. Prior to two year residency, the debtor is eligible for exemptions in the state where he most recently lived for two years. If he did not qualify for his prior state’s exemptions …