A creditor can take your personal assets for a business debt only after it holds a judgment against you personally, and even then only the property Florida law leaves unprotected. Owning the company is not enough. Signing a personal guaranty
Banking & Financial Services Industry Legal Blog
The Banking & Financial Services Industry Legal Blog, published by Jimerson Birr, covers legal issues affecting lenders, creditors, and financial institutions. Topics include judicial foreclosure processes and recovery strategies for private and hard money lenders, regulatory and compliance considerations for private student lending programs, securities fraud litigation focusing on Rule 10b-5 claims, bankruptcy disclosure requirements and their impact on creditor and debtor rights, and recent developments in judgment lien enforcement and exemptions under Florida law. The blog addresses practical legal challenges in loan recovery, student loan financing, securities regulation, bankruptcy asset disclosure, and judgment collection methods, with a focus on applicable statutes, case law, and procedural nuances relevant to financial services practitioners.
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Latest from Banking & Financial Services Industry Legal Blog
I’m Being Sued Personally for My Business Debt: What Are My Options?
When a lender or vendor sues over a business debt and your own name appears on the complaint next to the company’s, the case is no longer only about the business. Your options depend on one question: why are you…
Satisfaction of Judgment and Other Steps to Avoid Long-Term Damage After a Commercial Collection Lawsuit
A commercial collection lawsuit can end in payment, settlement, or dismissal and still follow your business for years. Recorded judgments, state lien filings, UCC financing statements, and open garnishments stay on the public record until someone takes the step that…
What a Judgment Against Your Business Really Means for Operations and Credit
A judgment against your business is not the end of a lawsuit. It is the start of a different set of problems, many of which land outside the courthouse. Your lender may treat it as a covenant event. Your bank…
Business Debt Settlement Strategies That Protect Cash Flow
A business debt settlement protects cash flow when the payment schedule, the default remedy, and the attorney fee exposure are negotiated as one package rather than three afterthoughts. The headline number draws the attention. The terms that decide when money…
How to Collect a Judgment in Florida After a Business Debt Lawsuit
You won, and the customer still has not paid. To collect a judgment in Florida you have to convert a piece of paper into cash, using a separate set of statutes that has little to do with the case you…
How Businesses Resolve Collection Lawsuits Without Judgments or Liens
It is easy to focus on the number in the complaint. The more expensive question is what the creditor gets to do after the case ends. Businesses resolve collection lawsuits without judgments by closing the case with a stipulated dismissal…
Successor Liability in Florida: Reaching the New LLC
Successor liability becomes a live question when a judgment debtor stops operating through one company and begins conducting business through a newly formed LLC. The new entity may perform the same work, employ the same personnel, use the same equipment,…
How Early Defense Changes Settlement Leverage in Debt Cases
Settlement leverage in debt cases is shaped largely in the first ninety days after service, well before mediation. By the time most Florida defendants start trading numbers, the creditor has already priced the case. Florida’s rules put hard clocks on…
503(b)(9) Claims: Vendor Priority for Goods Received
When a customer files bankruptcy owing substantial trade debt, a vendor’s unpaid invoices will ordinarily become general unsecured claims, but 503(b)(9) claims can change that outcome. Section 503(b)(9) of the Bankruptcy Code creates an important exception for certain goods…