Articles

Florida law shields Social Security, head of household wages, and retirement accounts from bank levy—but exemptions require timely claims and clean tracing evidence.

Fraud in the inducement renders Florida contracts voidable, not void. Learn the seven elements required, the rescission-versus-damages election, and key timing rules.

Florida judgment liens require strategic recordation, county-by-county placement, and timely renewal. Learn how to convert a paper judgment into recovered assets.

Statutes of limitations set firm deadlines for debt collection lawsuits. Learn when the clock starts, what resets it, and how time-barred debt affects enforcement.

Florida courts pierce the corporate veil when entities operate as alter egos or instruments of fraud. Learn the legal standard, key factors, and evidentiary requirements.

Writs of execution seize tangible property while garnishment intercepts funds from third parties. Learn which Florida enforcement tool closes faster based on asset type.

Florida creditors must navigate both FDCPA and FCCPA requirements. Learn which statute applies to original creditors versus third-party collectors and where exposure accumulates.

Filing a UCC lien early in commercial collections secures creditor priority before competing claims arrive. Learn when to file and how timing determines recovery.

Alter ego liability in Florida allows courts to pierce the corporate veil when owners disregard formalities or commingle funds. Learn what triggers personal exposure.

The statute of limitations in debt collection starts at accrual—typically the default date—not origination. Misidentifying this trigger collapses viable recovery actions.

Business disputes rarely announce themselves in advance. A partner decides to exit under terms that weren’t clearly drafted. A vendor defaults on a contract that turns out to have gaps. A competitor crosses a line that implicates business torts, and suddenly you’re looking at litigation you didn’t plan for. Tampa businesses that engage a business […]

Monday morning, 9 a.m. Your largest commercial borrower just filed Chapter 11 in Tampa’s Middle District of Florida. The automatic stay is already in effect, collection efforts have halted, and the secured collateral you’ve been monitoring is now under federal court protection. For regional banks and credit unions across Tampa Bay, this scenario isn’t hypothetical […]

A charge of discrimination filed against a financial institution’s collections operation arrives without warning — and the clock starts immediately. Whether the claim involves alleged discriminatory treatment of borrowers under the Fair Housing Act, Equal Credit Opportunity Act violations, or FDCPA and FCCPA discrimination allegations, the response window is short and the documentation requirements are […]

Florida’s judicial foreclosure system doesn’t forgive procedural gaps. Lenders must file suit, prove standing, satisfy strict documentation requirements, and navigate local court procedures before a single foreclosure sale can proceed. For Tampa Bay financial institutions managing mortgage portfolios, the decision between handling foreclosures with internal legal staff or engaging a specialized foreclosure attorney carries real […]

Every regional bank or credit union evaluating outside real estate counsel eventually asks the same question: can this firm handle the complexity our portfolio demands? Florida’s real estate legal landscape—judicial foreclosure requirements, lien perfection standards, title chain documentation, multi-district closing protocols—creates exposure that generalist attorneys encounter occasionally and specialists navigate daily. For Tampa Bay financial […]

Commercial debt recovery looks different when your institution holds a portfolio of defaulted accounts rather than a single disputed invoice. The debt collection strategies that work for regional banks and credit unions in Tampa Bay depend on the type of debt, the debtor’s financial position, and how quickly your institution moves from internal efforts to […]

Construction projects fail for predictable reasons. Payment chains break down, contractors abandon projects mid-completion, lien priority disputes cloud title, and environmental compliance failures halt work entirely. For Tampa Bay financial institutions with construction loan exposure — and for contractors and developers managing complex builds — knowing when a construction attorney needs to step in is […]

A real estate lawyer handles the legal mechanics of property transactions — from purchase agreements and title examination to financing documentation and closing coordination. Tampa Bay businesses need specialized real estate legal counsel when acquiring commercial properties, negotiating complex leases, resolving title disputes, or managing real estate litigation that could derail operations or create unexpected […]

When a commercial or residential tenant files for bankruptcy, landlords are often caught off guard—suddenly faced with unpaid rent, an automatic stay, and uncertainty about their rights under the lease. From a creditors’ rights perspective, it’s essential for landlords to act quickly and strategically to protect their interests. Here’s what landlords need to know when […]

Credit unions frequently rely on cross-collateralization clauses to secure loan portfolios, strengthen their position, and reduce risk. But when a member files for bankruptcy, these clauses can become both a sword and a shield—and sometimes a source of legal complexity. In this post, we break down what cross-collateralization means in bankruptcy, what risks and protections […]

Chapter 13 Bankruptcy Confirmation Confirmation in a Chapter 13 bankruptcy case is the process by which the bankruptcy court approves a debtor’s proposed repayment plan. Once a Chapter 13 plan is confirmed, it has several important effects: Protection from Creditors: Confirmation of a Chapter 13 plan provides the debtor with protection from creditors. As long […]

The Binding Effect of Chapter 13 Plan Confirmation Overall, confirmation of a Chapter 13 plan provides the debtor with a structured repayment plan that allows them to reorganize their finances and pay off their debts over time while also providing protection from creditors.  The res judicata effect of a confirmed Chapter 13 plan means that […]

How Courts Determine Interest Rates in Bankruptcy Cases An objection to failure to pay the appropriate interest rate in a chapter 13 plan typically arises when a secured creditor’s claim is being paid over time through the plan, but the proposed interest rate (also called the “cramdown rate”) is too low to satisfy the creditor’s […]

Creditors Need to Understand Section 363 Sales When a debtor files for bankruptcy, creditors are immediately concerned with protecting their rights and maximizing recovery. One of the most powerful—and sometimes overlooked—tools in the bankruptcy process is the Section 363 sale. Named for Section 363 of the Bankruptcy Code, this mechanism allows a debtor-in-possession, or trustee, […]

What is a 363 Sale? A 363 sale, also known as a Section 363 sale, is a type of sale that occurs during a bankruptcy proceeding. It refers to a sale of assets of the debtor by either a debtor-in-possession, or trustee, under section 363 of the Bankruptcy Code. In a 363 sale, a debtor […]

On May 17th Nicole Noel will be speaking on the topic: “Legal Horizons: Exploring Hot Topics & Current Trends” at the CUCP Summit! Author actuate

Jeff Mouch and Nicole Noel will be attending the Credit Union Collections Professional Summit in Nashville, May 15-17, 2024. This event has industry leaders in collections to specialists in repossession, bankruptcy, and legal matters, and their agenda is packed with knowledge and networking opportunities tailor-made for credit union professionals. Author actuate

Nicole Noel will be attending the 11th Circuit Judicial Conference on May 9 – 10 in Point Clear, Alabama. The conference is designed to build relationships between the bench and bar, consider the business of the courts, and improve the administration of justice within our circuit. See 28 U.S.C. § 333. Author actuate

We are thrilled to support a great cause at The Superhero Scramble for St. Jude Children’s Research Hospital. From left: Larry Foyle, Jeff Mouch, Chris Weigel and David Byars Running our table: Nicole Noel Author actuate

This week Firm Partner, Laura Noyes, and Director of Business Operations, Eric Hinote are excited to attend the IMN’s (Information Management Network) 7th Annual NPL, Notes and Default Servicing Fuorm in Orlando, FL on March 7th-8th. We are looking forward to seeing industry colleagues and friends. Author actuate

Laura Noyes and Eric Hinote from Kass Shuler, P.A. will be attending the MBA Servicing Solutions Conference & Expo next week in Orlando, Florida February 20-23, 2024. They would love to connect with friends and colleagues! Author actuate

Kass Shuler, P.A. Partners Nicole Noel and Richard McIver will be in Dallas this Thursday, February 8th at the NCATT Mortgage Servicing Seminar. Looking forward to networking with colleagues and friends! See you there! Author actuate

Richard McIver, Shareholder at Kass Shuler, P.A. will be speaking on Mortgage Foreclosure at the Florida Bar’s Advanced Real Property Certification Review course tomorrow, February 2! Author actuate

Eric Hinote, Director of Business Operations and Associate Attorney David Byars will be attending the American Legal Financial Network “ALFN” Foreclosure Intersect in Las Colinas, TX November 15-16th! Looking forward to a dynamic conference and connecting with clients and colleagues! Author actuate

Firm Partner, Nicole Noel will be speaking at the Consumer Practice Extravaganza for the American Bankruptcy Institute on November 6th – The panel is titled “Understanding Proofs of Claim/Claims Allowance: Constructing Proofs of Claim in Merger-Doctrine States.” Author actuate

Associate Attorney George Zamora will be attending The Judge Michael G. Williamson’s View from the Florida Bankruptcy Bench Seminar in Miami on November 3, 2023. Author actuate

Firm Partner, Nicole Noel, will be speaking at a live webinar hosted by Lorman Education Services on the topic, “Mortgage Foreclosures – A New World After the Moratoriums End” on October 18th at 1pm EST. This session will identify hurdles for creditors post-COVID-19, what will change in 2023 and in the future and much more. […]

Firm Partner, Laura Noyes and Director of Firm Operations Eric Hinote will be attending the Five Star Conference and Expo in Dallas, TX, September 18-20, 2023! Author actuate

Florida Real Estate Litigation Florida is a popular destination for real estate investors, retirees, and vacationers alike. As a result, the Florida real estate market is often subject to legal disputes and litigation. Title Disputes One of the most common types of Florida real estate litigation involves title disputes. A title dispute can arise when […]

If you’re a business owner in Florida, you know that collecting payments from customers can be a difficult and time-consuming process. When a customer fails to pay their debts, it can hurt your bottom line and put your business at risk. This is where a Florida commercial collection attorney can be invaluable. Here are some […]

The biggest investment of your life may be a home for your family.  Why not take a few minutes and learn how to protect yourself, learn something, and make the process enjoyable? Whether it’s losing all your money on a bad investment, buying a house with defects, or everything in between, there are always ways […]

Firm partner, Nicole Noel will be attending the National Association of Chapter 13 Trustees’ (NACTT) 58th Annual Seminar in Austin, TX at the JW Marriot, July 26th – July 29th. Nicole is looking forward to attending this premier educational seminar and connecting with clients and colleagues! If you’ll be attending, let us know! Author actuate

Firm partner, Nicole Noel, will be attending the Florida Bar’s Annual Convention in Boca Raton, June 21-24th! Nicole was honored to serve as Chair of the Florida Registered Paralegal Eligibility and Compliance Committee for the 2022/2023 Bar year. Author actuate

Both arbitration and mediation are two separate alternative dispute resolution (ADR) methods to resolve legal issues between parties outside of a traditional court hearing. While both methods are aimed to resolve and/or settle a legal issue, there are distinct and key differences between the two. What Are Arbitration and Mediation? Arbitration is a formal proceeding, […]

When a person files for bankruptcy, their debts are discharged, meaning they are no longer legally obligated to pay them. However, there are certain types of debts that are not eligible for discharge under Section 523. These may include debts incurred through fraud, embezzlement, or willful or malicious injury to another person or property. What […]

A recent Bankruptcy Court decision sanctioned a creditor that filed an inaccurate proof of claim by awarding attorney’s fees to the debtor.  In re Simmons, No. 22-680 (Bankr. D. S.C. Aug. 31, 2022). Bankruptcy Procedure for Proof of Claim Rule 3001(c)(2)(D)(i)-(ii) of the Federal Rules of Bankruptcy Procedure states that if a creditor fails to […]

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit employment discrimination. If an individual believes they have been subjected to discrimination in the workplace, they can file a charge of discrimination with the EEOC. Once a charge is filed, it will initiate the EEOC investigation process to determine whether […]

What Is Mediation in the Context of a Bankruptcy Proceeding? Mediation is the process used in bankruptcy cases to help resolve disputes between parties in a less formal and less adversarial manner, than through traditional litigation. During mediation in bankruptcy, a neutral third-party mediator facilitates communication between the parties involved and helps them reach a […]

After an employee files a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), mediation may be the next step for the employee and employer in seeking a resolution to their dispute. While mediation is sometimes required by an employment contract, the employee and the employer can also voluntarily agree to mediate their dispute. […]

On January 1, 2023, pursuant to Florida Statutes § 34.01, there were changes as to which court you can file your complaint for money damages.  When filing a lawsuit in Florida County Court for money damages there are three separate courts in which you could file depending on the amount in dispute. Small Claims – […]

Do you have a dispute with a Buyer or Seller of real property in Florida? Pre-suit mediation may be your next step. In FAR/BAR Residential Sale and Purchase Contracts, there are terms and conditions that provide the obligations of the Buyer and Seller.  If you find yourself thinking: “The other side is not complying with […]

Contractors Don’t Lose Your Lien Rights Under Florida’s Construction Lien Law, a contractor who is in privity with the property owner is required to execute and deliver a Contractor’s Final Payment Affidavit to the owner at least five days before filing suit to enforce the contractor’s lien. The purpose of the Contractor’s Final Payment Affidavit […]

Enforceability of Noncompete Agreements in a Remote Workforce Today, many businesses are shifting their workforce from in-office positions to remote work. These remote positions have opened the door, and state lines, to hiring employees who reside outside of the state where the employer typically conducts business. As with traditional in-office positions, businesses frequently require the […]

A charge of discrimination is a signed statement alleging that an organization engaged in employment discrimination.  It requests the Equal Employment Opportunity Commission (EEOC) take remedial action. In order to file a lawsuit for unlawful discrimination, most of the laws enforced by EEOC, except for the Equal Pay Act, require you first file a charge […]

To meet the definition of a trade secret under Florida law, a business must establish that the specific information it seeks to protect has independent economic value and that the business made reasonable efforts under the circumstances to maintain its secrecy. Therefore, it is important for businesses to know what constitutes “reasonable efforts” under Florida […]

Can the other party be responsible for your attorney’s fees? Maybe. In Florida, attorney fees incurred during the course of litigation are only recoverable from the other party if specifically allowed by contract or statute.  Often, contracts will have a provision regarding entitlement to attorney’s fees which states that the prevailing party in any future […]

Last weekend The Hit Factory Makos hosted The Florida Sox to play some baseball and have some fun. This event was so special because it included 11 families from the Fort Myers area who were impacted by Hurricane Ian . We were so happy to be able to help sponsor this event and help these […]

In celebration of National Pro Bono Week, the Middle District of Florida will be hosting a webinar titled “Answering the Call to Serve – Fundamentals for Volunteering in the Middle District of Florida Bankruptcy Pro Se Clinic”. Firm partner Nicole Noel will be among the panelists speaking on October 26th at 11am. This presentation will […]

The Florida Bar has posted a brochure for consumers on its website that details important information about buying a home, and why consumers may wish to consult with an experienced, Florida-licensed real estate lawyer:  Consumer Pamphlet: Buying a Home – The Florida Bar. The brochure is full of useful information about the many significant decisions […]

The 96th National Conference of Bankruptcy Judges (NCBJ) is underway at the Marriot World Center, Orlando, FL from October 19-22, 2022! Firm Partner Nicole Noel and Larry Foyle are looking forward to seeing friends and colleagues at this dynamic conference! Author actuate

We are excited to announce the upcoming live webinar “A Creditor’s Perspective: Understanding Chapter 13 Bankruptcy Procedures” with firm partner, Nicole Noel, on November 29th at 1pm EST! This presentation is designed to explain the Chapter 13 bankruptcy process, including Chapter 13 plan treatment and the plan confirmation process. Attendees will also learn more about […]

Successfully navigating the world of law can be complicated for businesses. That’s especially true when it comes to a commercial litigation attorney. Commercial litigation covers eventualities such as fraud claims, shareholder disputes, and breaches of contract. These and other forms of commercial litigation can impact companies of all shapes and sizes. Litigation matters can also […]

What Does “As-Is” Really Mean in As-Is Real Estate Purchase Agreements? In many real estate purchase agreements, you may see a property is being sold “as-is.” Does “as-is” really mean the property is being sold “as-is?” Not necessarily.  If a seller has knowledge of material defects that affect the value of a property that were […]

Florida’s New Summary Judgment Standard On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard, which became effective on May 1, 2021.  Notably, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim.  Indeed, the new standard for granting summary judgment in Florida mirrors the […]

Making memories. Supporting a mission. Help cure childhood cancer. September is here, and the countdown to the St. Jude’s Walk/Run Event has begun!!! The event is set to take place on SATURDAY, SEPTEMBER 17th at the Amalie Arena, Tampa FL and Kass Shuler is honored to be part of such a meaningful mission! If you […]

Due to the success of civil remote court hearings during the Covid-19 pandemic, the Florida Supreme Court has amended various procedural rules, effective October 01, 2022, to provide “permanent and broader authorization for the remote conduct of certain court proceedings.” In. re: Amendments to the Florida Rules of Civil Procedure, No. SC21-990, 2022 WL 2721129 […]

An estate plan is a set of legal documents that directs the disbursement of your property after death.  Everyone needs an estate plan because it ensures your wishes are followed after your death. It also prevents your family from having to make difficult decisions and saves them from unnecessary expenses. And it allows you to […]

When an employee is terminated or resigns from their job, sometimes employers will present the former employee with separation or severance agreements, which specifies the terms of the employee’s separation from their employment. These agreements release legal claims that the employee may have against the employer, and, in exchange, the employee receives compensation or other […]

Get registered for the bowling tournament happening on Wednesday, July 27 at 7:00 pm! You don’t want to miss out on this fun event! Author actuate

When legal disputes arise, you may need to act fast to avoid ending up losing your case. Simply taking too long to respond or failing to follow the right steps is all it takes to ruin your chance at fighting the lawsuit against you. Fortunately, you do not have to go it alone. Read Through […]

As a response to the COVID-19 pandemic, Congress passed the American Rescue Plan Act of 2021, commonly referred to as the COVID-19 Stimulus Package. Within this bill is the Homeowners Assistance Fund (HAF), a program to prevent mortgage delinquencies and defaults, foreclosures, loss of utilities and displacement of homeowners experiencing financial hardship as a result […]

Kass Shuler, PA and firm partners Jeff Mouch, Nicole Noel and Yusuf Haidermota, along with rockstar Associate George Zamora, are catching up with colleagues and friends at the SCUCE: Southeast Credit Union Conference and Expo.   #SCUCE   Author actuate

Kass Shuler is looking forward to attending the Southeastern Credit Union Conference & Expo! If you are attending, we invite you to stop by Booth #414 to learn more about our law firm and enter our drawing! We look forward to meeting you, learning more about your credit union, and discussing how our firm can […]

Holding Decision In early May, Florida’s 4th District Court of Appeals issued its opinion in Colombo v. Robertson, Anschutz & Schneid, P.L. (4D20-1719, 2022 WL 1397564 (Fla. 4th DCA May 4, 2022)), affirming a Palm Beach trial court’s ruling that the attorney’s fees incurred by a lender in a prior foreclosure action could be sought […]

Generally, in a bankruptcy case when a Trustee attempts to sell property free and clear of any interest in that property they must fall under one of the five subsections outlined in Bankruptcy Code Section 363(f). Specifically, Section 363(f)(4) allows the Trustee to sell the property free and clear if such interest in that property […]

If you are an investor, lender, and/or servicer of a mortgage it is important to know the legal process of resolving defaulted borrowers with real estate litigation. We are here to help you at the Kass Shuler Law Firm. Real Estate Litigation Process for Judicial Foreclosure One of the most common scenarios of financed real […]

Although not a requirement before filing suit, former employers oftentimes send cease-and-desist letters to enforce noncompete, non-solicit, or nondisclosure agreements against former employees. Cease and desist letters remind former employees of their obligations under the agreement and provide written notice of the former employee’s alleged wrongful conduct. As a former employee, you should know there […]

Debt Collection Balances in 2022 Based on a recent analysis of the Fed Consumer Credit Panel/Equifax Data Report completed by the Federal Reserve, aggregate household debt balances increased by $333 billion in the fourth quarter of 2021, which represents a 2.2% rise from the third quarter of 2021, and the largest increase since 2007 in […]

Business divorce is exactly what it sounds like, it is a legal proceeding in which business partners end their business relationship. It can include some of the complexities and emotional entanglements of conventional divorce.  Each business divorce is unique and requires careful study of the relationship between the parties and clear goals for the outcome. […]

Whether you’re running a business or working as an employee, non-compete agreements will undoubtedly land on your radar at some point. Also known as a covenant not to compete, this agreement helps protect the company’s interests by restricting what the employee can say or do for a set amount of time. No matter which side […]

When properly drafted and enforced, non-compete agreements have the power to protect your business interests and bottom line. Well-known as a covenant not to compete, these agreements effectively prevent employees from putting your efforts to work against you. Working with a Florida non-compete attorney from day one can help ensure that you are protected to […]

On April 13, 2021, Florida Supreme Court Chief Justice Charles T. Canady issued an updated Administrative Order in response to the COVID-19 pandemic. [1] This Order is nicknamed “Amendment 12” and required every civil case filed in the State of Florida to submit a Case Management Order. Amendment 12’s intent was to mitigate the impact […]

When a debtor initially files a petition under the United States Bankruptcy Code a creditor is stayed from continuing or commencing any action to collect a debt from the debtor.[1] With very few exceptions the automatic stay goes into effect automatically.[2] Debtors have used the automatic stay, and its broad coverage, to their advantage by […]

The Debt Collection Rule (“the Rule”) interprets the federal Fair Debt Collection Practices Act. The Rule attempts to clarify how debt collectors can communicate with debtors and what information must be provided to the debtor when attempting to collect a debt. What Is the Debt Collection Rule? A new concept in the Rule is Limited […]

Deciding to hire a Debt Collection Law Firm vs Debt Collection Agency might seem similar in concept, but understanding the limitations of a debt collection agency is important. Both debt collection law firms and debt collections agencies are regulated by the Fair Debt Collection Practices Act; however, the abilities on how to collect the debt can be […]

While Florida has a very pro-employer non-compete statute, it is not without its limitations. In a recent Florida Supreme Court decision, the Court held that Florida’s non-compete statute does not cover non-compete agreements “whose sole purpose is to prevent competition per se” because they would be void against public policy. White v. Mederi Caretenders Visiting […]

Florida courts generally enforce non-compete agreements as valid restraints of trade or commerce if they are both (i) reasonably necessary to protect a legitimate business interest and (ii) reasonable in time, geographic area, and scope. §§ 542.18 and 542.335(1), Fla. Stat. What Kinds of Non-Compete Agreements Are Reasonable in Florida? For non-compete agreements that are not based on the […]

Non-compete agreements, also known as covenants-not-to-compete, are required by some employers when an employee is starting a new job. An employer can ask an employee to sign a non-compete agreement at any time.  Most non-compete agreements state that the employee will agree not to start a competing business or go to work for a competitor […]

If you’re having trouble recovering debt collection attorney fees in your commercial lawsuit, you need a workable solution. And not just for the current debts, but future ones too. Otherwise, losses may increase as the debts remain unpaid and you pay out of pocket expenses and commissions to collect the monies owed. Making a Plan […]

As debts owed to your company start to pile up, you may find it challenging to keep your business afloat. Unless you have big money coming in otherwise, covering payroll, maintaining a solid inventory, and paying for overhead all require repayment of those debts. Trying to locate the debtors and get them to send in […]

Unless you have all your clients pay their balance in full at the time of service, you’re likely to end up having far too many outstanding debts. You may then have to decide if you want to form your own collection department — and carefully navigate debt collection laws — or hire a potentially costly […]

When your clients leave outstanding balances on the books, your monthly business revenues take an immediate dive. Worse yet, the longer the debts remain unpaid, the less likely your customers are to issue payment on their own. Thankfully, you can collect the money owed to you by hiring a commercial collections attorney. Here’s how they […]

For the past five years, the Consumer Financial Protection Bureau has worked diligently on developing new debt collection rules that align with modern times. Their efforts are finally set to pan out with the new federal regulations going into effect on November 30th, 2021. By that time, your debt collection efforts must align with the […]

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The man, who is in a stable condition in hospital, has potentially life-changing injuries after the overnight attack in Garvagh, County Londonderry. He was shot in the arms and legs.

Kass Shuler is partnering with the Circuit and County Courts of the Thirteenth Judicial Circuit and State Attorney’s office, along with the Hillsborough County Clerk of Court and the VA hospital for this year’s Veteran’s Outreach Court (the “VOC”). The VOC is a special setting in which all of these governmental bodies come together to […]

Yusuf Haidermota will be attending the 17th annual American Legal & Financial Network Answers Conference (ALFN) 7/21-23rd at the Hyatt Regency in Lake Tahoe Incline Village Nevada!  He is looking forward to seeing our clients and peers while there.  Please reach out to Yusuf if you have time to meet up.  Looking forward to another […]