Charles M Tatelbaum

November 04, 2022 | Daily Business Review

In an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals held that an unsigned text message from an individual can constitute a personal guarantee of a debt of a corporation without violating Florida's statute of frauds and in compliance with Florida's Electronic Signature Act.

By Charles M. Tatelbaum and Corey D. Cohen

4 minute read

September 22, 2022 | Daily Business Review

The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.

By Charles M. Tatelbaum and Corey D. Cohen

4 minute read

July 20, 2022 | Daily Business Review

Tthe appellate court reversed a ruling by the U.S. District Court in the Northern District of Alabama, which held that once a summary judgment had been granted in favor of the defendant, the defendant was precluded from seeking an award of sanctions or damages under Rule 11 of the Federal Rules of Civil Procedure.

By Charles M. Tatelbaum and Corey D. Cohen

4 minute read

June 22, 2022 | Daily Business Review

Since many mortgage and other loan statements have all or part of this verbiage as standard "boiler plate" language, the decision needs to be a wake-up call for lenders and their attorneys.

By Charles M. Tatelbaum and Corey D. Cohen

5 minute read

May 03, 2022 | Daily Business Review

A recent appellate ruling clarifies and expands the power and authority of bankruptcy courts to sanction attorneys and litigants based upon the inherent power of the bankruptcy court as well as the broad authority granted by Section 105(a) of the Bankruptcy Code.

By Charles M. Tatelbaum and Corey D. Cohen

4 minute read

February 08, 2022 | Daily Business Review

As a result of a Jan. 7 opinion from the 5th District Court of Appeal of Florida in the case of Romero v. Fields Motorcars, confusion has reigned concerning whether motor vehicle dealers and vehicle repair facilities will have vicarious liability when providing loaner vehicles to dealership and repair facility customers.

By Charles M. Tatelbaum and Dennis D. Smith

6 minute read

November 19, 2021 | Daily Business Review

With the increase and proliferation of Native American and other casinos, as well as the advent of internet sports gambling, many of those suffering substantial losses are turning to a bankruptcy filing in order to obtain a "fresh start" by filing a Chapter 7 liquidation bankruptcy proceeding.

By Charles M. Tatelbaum and Christina V. Paradowski

5 minute read

September 14, 2021 | Daily Business Review

On Aug. 19, the Bankruptcy Court for the Eastern District of Wisconsin issued a decision that serves as a warning and a reminder for business and individuals alike who obtain personal guarantees as part of their business dealings. Indeed, an unconditional, absolute and irrevocable personal guaranty may not be so after all.

By Charles M. Tatelbaum and Christina V. Paradowski

5 minute read

July 08, 2021 | Daily Business Review

The so-called Barton doctrine has since been expanded to also include bankruptcy trustees and other fiduciaries, but a recent ruling by the Eleventh Circuit Court of Appeals has dramatically curtailed its lifespan.

By Charles M. Tatelbaum and Christina V. Paradowski

6 minute read

September 29, 2020 | Daily Business Review

On Aug. 31, the U. S. Court of Appeals for the Tenth Circuit issued its opinion in In re McDaniel, Case No. 18-1445, representing a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law and its current practice.

By Charles M. Tatelbaum, Christina V. Paradowski and Brittany L. Hynes

5 minute read