November 04, 2022 | Daily Business Review
An Unsigned Text Message May Become a Personal Guarantee—Believe It or NotIn an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals held that an unsigned text message from an individual can constitute a personal guarantee of a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
Bankruptcy Trustee's Attorney Fees Under Attack—When Hourly Rate Agreements Become ContingentThe 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
New Appellate Ruling—Rule 11 Sanctions May Be Sought and Awarded After a Judgment Has Been EnteredTthe 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
A Mortgage Statement May be Deemed a Communication Under the FDCPA and FCCPASince 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
Bankruptcy Courts' Powers to Sanction Attorneys, Others Expanded by New Appellate RulingA 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