Federal Litigation
Our team of attorneys and legal professionals will assist you through your legal entanglements with care and professionalism.
WhatsNew:
Dealing With This Economy
December 3, 2011
We have been busy at the firm helping our clients deal with this difficult economy. We have had some success recently filing Chapter 11's for a few individuals with multiple properties. A recent court ruling from the Middle District of Florida eliminated a major challenge to this type of bankruptcy. We have seen a drop in the number of Chapter 7 cases compared to last year but have been advised by the foreclosure attorneys that the next waive of foreclosures in coming soon. We expect to see a corresponding increase in Chapter 7 filings. Let us know if we can help you with your financial issues.
CurrentNews:
American Airlines Files Chapter 11
December 2, 2011
The parent company of American Airlines filed for bankruptcy protection in late November, seeking relief from crushing debt caused by high fuel prices and expensive labor contracts that its competitors shed years ago. For most travelers, though, flights will operate normally and the airline will honor tickets and take reservations. American said its frequent-flier program would be unaffected.
Recent Events:
The Local Bankruptcy Scene
November 28, 2011
In the Southern District of Florida, our firm has seen an increase in the unwillingness of Chapter 7 trustees to forgo the collection of potential funds. In Florida, an individual's exemptions in bankruptcy are guided by reference to state-not federal-law. An individual is entitled to certain exemptions of personal and real property. Generally, if an individual was over their exemption limit, i.e. having certain property not entitled to exemption, trustees would generally forfeit their right as administrator of the bankruptcy estate to sell the non-exempt asset if the asset was of little value or considered "unsellable." However, our firm has observed a recent uptick in the willingness of the trustee to sell non-exempt assets worth little, seemingly because trustees do not want to lose out on the potential collection of funds. Often, the sale generates funds in an amount that does little more than pay for trustee and professional fees. If you are considering filing for bankruptcy protection, it is imperative to consult with a bankruptcy attorney who can explain your options and offer pre-bankruptcy planning to avoid these common pitfalls.
Federal Litigation
Civil Suits
We handle most types of Federal civil lawsuits. Federal practice differs in many respects from State Court litigation. All motions must be accompanied by a memorandum of law. In most instances the judge will make his or her decision based on the legal memos and a hearing is not required. The pleading requirements are also much more strict and the judges are typically less tolerant of unprofessional conduct.
We handle federal Unfair and Deceptive Trade Practices claims, Lanham Act claims, counterfeit product cases, patent infringement claims, diversity cases (where the parties are located in different states), including product liability cases and most other Federal civil cases. We do not handle criminal cases.
We represent individuals and small businesses in the Southern District of Florida which includes Miami-Dade, Broward, Palm Beach, Indian River, Martin and St. Lucie Counties. We represent both plaintiffs and defendants.
Bankruptcy Litigation
Litigation often arises in Federal Bankruptcy Cases. Trustees and debtors-in-possession (Chapter 11) may bring lawsuits known as adversary complaints against creditors for preference claims and fraudulent transfers. Debtors may file adversary complaints against creditors or third parties. Creditors may bring adversary claims against a debtor seeking to avoid discharge. A debtor may also file an adversary complaint seeking a determination that certain tax obligations are dischargeable.
Our firm handles all such matters and represents debtors and creditors. We limit our practice to the Southern District of Florida.
This article is not intended as a substitute for competent legal or accounting representation, but merely as a guide to help you decide whether you need the services of a licensed attorney or CPA.
David W. Langley and Valerie Barnhart are licensed to practice only in the State of Florida and handle bankruptcy cases in Miami, Hollywood, Fort Lauderdale, Plantation, Pembroke Pines, Pompano, Coral Springs, Deerfield, Boca Raton, Delray and West Palm Beach.