Does The Fraudulent Loan Statute Pertain To Money Lending?

Jon Alper Creditor Rights

Suppose a judgment debtor pays a significant amount of cash to a relative or business insider and says that the money transfer is to repay a loan. The relative or insider did previously give money to the debtor, but suppose the debtor never paid back any of the loan, never paid interest, and the debtor cannot produce a promissory note. …

United States May Garnish Wages of Head of Household To Collect Criminal Restitution

Jon Alper Florida Exemptions

A client entered into a criminal plea agreement three years ago stemming from his violation of federal securities laws. The plea agreement included restitution to the victims of his wrongdoing. There is a money judgment against the client for restitution. The client wants to know if the restitution judgment may be enforced against exempt assets, specifically, his wages as head …

Federal Agency Freezes Defendant’s Assets Before Adjudication

Jon Alper Creditor Rights

A new client contacted me because his bank accounts were attached and frozen by a U.S. federal agency that had recently filed a lawsuit against him seeking civil damages for his violation of certain federal regulatory laws. He wanted to know how the government could effectively freeze his assets without him first having the chance to defend himself against their …

Creditor Can Cause Sheriff To Take Forcibly All Debtor’s Personal Possessions

Jon Alper Creditor Rights

Clients sometimes ask me whether a judgment creditor can take personal property in their home such as furniture and jewelry. The answer is that a creditor can obtain what is known as a “break order” to authorize the sheriff to remove your personal property. The Florida homestead exemption does not extend to protect tangible personal items inside the homestead. Some …

Supreme Court: Fraudulent Transfer Debts Not Dischargeable In Bankruptcy

Jon Alper Uncategorized

A bankruptcy debtor cannot discharge debts incurred by false representation or actual fraud. Appellate court decisions split as to whether a debt incurred as part of a fraudulent transfer of assets is included in the category of “actual fraud” that may not be discharged in bankruptcy. Some courts have held that actual fraud in the bankruptcy Code refers to common …

Exemption of Homestead Proceeds Invested In A Brokerage Account

Jon Alper Homestead Exemption

The concept of an exempt “homestead account” is a well-settled legal concept in Florida. It holds that proceeds from the sale of a homestead remain exempt after deposit in a bank account for a reasonable time while the owner is searching for a new homestead. Most people concerned with protecting homestead sales proceeds keep the money in a separate bank …

Court Says Independent Contractor Can Assert Head of Household Exemption

Jon Alper Writ Of Garnishment

Clients planning for asset protection sometimes debate whether they should work as an employee or as an independent contractor. Employee wages are subject to a continuing wage garnishment, but the Florida Statute 222.11 clearly exempts wages paid to one who is head of household. Payments to independent contractors may be garnished, but garnishment is more difficult because there are no …

Bankruptcy Exemption Of State Crime Victim Compensation

Jon Alper Florida Exemptions

One of my clients disclosed that he was expecting to receive state money to compensate him for his injuries sustained as a result of a criminal attack in his home by an intruder. He had many debts, some of which were related to the crime including medical bills. He is interested in discharging all his debts with a Chapter 7 …