Termination of an LLC Member Upon Bankruptcy Filing
Dec 04, 2012
By Kelly A. Karstaedt, Esq.
What happens to the rights of a member of a limited liability company when that member files bankruptcy?In Florida, that member is automatically terminated from member...
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Defaults and Damages: Where Do Attorney’s Fees Fit In?
Nov 05, 2012
I recently came across a piece of information that I had never heard before in my last four years of litigating creditors rights cases. I have been advised that attorneys fees can never be granted on a...
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Available Remedies in Addition to an Action for Foreclosure: Part I
Oct 16, 2012
Aside from foreclosing on a piece of real property, a Lender may utilize numerous other methods to recoup monies left unpaid on a mortgage note and to take control of a piece of property that may be l...
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e-Discovery: What Is It and Why Amend the Florida Rules to Include It?
Sep 07, 2012
By Kelly A. Karstaedt, Esq.
What do you think when you hear the word e-discovery?If you are thinking about CD copies of printed PDF documents and web site screen shots, you have a lot to learn.There i...
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Special Considerations for Bringing a Foreclosure Action by a Junior Lienholder
Aug 17, 2012
By: Kelly A. Karstaedt, Esq.
In a standard foreclosure action, the lienholder with a first position of priority files suit to foreclose out all junior lienholders and recover the outstanding balance on...
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Methods of Moving a Stagnant Bankruptcy Action Towards Completion
Jul 09, 2012
By: Kelly A. Karstaedt, Esq.
Have you ever represented a creditor in a bankruptcy action where the debtor and/or the debtors attorney seem to be dragging their feet in moving the action forward? In th...
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Determining the Statute of Limitations Period for Enforcing a Foreign Judgment in Florida
Jun 04, 2012
The Constitution of the United States of America is the ultimate authority which allows foreign judgments to be domesticated in Florida.Judgments of any other state in the union may be domesticated in ...
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The Bankruptcy Means Test and Its Interpretation by the US Supreme Court
Jun 01, 2012
By: Kelly A. Karstaedt, Esq.
Prior to 2005, bankruptcy courts across the nation were plagued by fraudulent bankruptcy filings by individuals who just wanted to get rid of their debt, but who did not n...
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Converting a Dismissal with Leave to Amend into a Dismissal with Prejudice
Jun 01, 2012
By Kelly A. Karstaedt, Esq.
Some might say it is logical to think that if a complaint is dismissed with leave to amend within a prescribed time period that, should counsel fail to file an amendment, th...
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So How Many Pleadings Are There? Really?
Jun 01, 2012
ByKelly A. Karstaedt, Esq.
A recent conversation with another civil litigation attorney about a hearing on attorneys fees prompted me to remember the good old days of law school when I first learned ab...
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