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How Can Debtors Defend Against a Motion for Relief from an Automatic Stay?

By Edelboim Lieberman |

For businesses in financial distress, one of the most immediate benefits of filing for bankruptcy under Chapter 11 is triggering the automatic stay. The automatic stay prevents creditors from seeking to enforce their claims, and it provides debtors the opportunity to work through the bankruptcy process without the risk of being declared in default…. Read More »

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Seeking Relief from the Automatic Stay: Protecting Creditors’ Rights During the Bankruptcy Process

By Edelboim Lieberman |

Customer and client bankruptcies can present significant risks for creditors. Chapter 7 and Chapter 11 of the U.S. Bankruptcy Code both provide opportunities for filers to significantly reduce (if not eliminate) their debt obligations, and Subchapter 5 of Chapter 11 allows small business filers to do so with limited creditor involvement. As a result,… Read More »

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Responding to a Breach of Contract: What Florida Business Owners Need to Know

By Edelboim Lieberman |

As a business owner, it is important to know what to do when a vendor, contractor, customer or other party breaches a contract with your company. While an overly aggressive response can unnecessarily jeopardize an important business relationship, failing to act forcefully can invite additional breaches in the future. To ensure that you are… Read More »

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Commercial Foreclosure Defense: Options for Businesses in South Florida

By Edelboim Lieberman |

While facing commercial foreclosure can present significant financial and legal risks, businesses targeted in commercial foreclosure actions will often have strong defenses available. There are several potential defenses to foreclosure under Florida law; and, if your business’ lender has initiated a foreclosure action, an experienced Miami real estate attorney can determine what defenses your… Read More »

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Understanding the Key Terms in a Title Insurance Policy

By Edelboim Lieberman |

Buying title insurance is important any time you buy a piece of real estate in South Florida. Hopefully, you will never need to file a claim, but if you do, you will be very glad that you have coverage. If an issue arises and you have title insurance, having the ability to file a claim… Read More »

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Understanding the Key Terms in a Small Business Bankruptcy

By Edelboim Lieberman |

If you are struggling to keep your small business afloat, filing for bankruptcy could be a smart solution. Through bankruptcy, small businesses can reorganize their debts, reduce their monthly financial obligations and regain the financial standing they need to remain viable. Small business owners have multiple options available, and choosing the best option for… Read More »

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Title Insurance: What Do Real Estate Buyers in South Florida Need to Know?

By Edelboim Lieberman |

Whether you are buying a home or a piece of commercial real estate in South Florida, purchasing title insurance can help minimize your risk and protect your investment. But, while title insurance has benefits, it also has limitations—and it is important to ensure that you understand these limitations before you sit down at the… Read More »

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What to Expect During (and After) the Subchapter V Small Business Bankruptcy Process

By Edelboim Lieberman |

Subchapter V bankruptcies allow small businesses to reorganize their debts without facing the additional costs and challenges involved in a traditional Chapter 11 filing. Since Subchapter V was introduced in 2020, it has become an extremely popular tool for businesses that need relief from their current debt loads in order to continue operating as… Read More »

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3 Best Practices for Subchapter V Small Business Bankruptcies

By Edelboim Lieberman |

The Subchapter V bankruptcy process allows small businesses to achieve the benefits of a Chapter 11 filing without many of the costs and drawbacks that have traditionally made Chapter 11 filings unviable for smaller companies. Just like a traditional Chapter 11 filing, the purpose of a Subchapter V filing is to reorganize the company’s… Read More »

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Year In Review: Key Insights on Chapter 11 for Small Business Owners Considering Bankruptcy in 2024

By Edelboim Lieberman |

It’s been a tough year for many small businesses in Florida. From the lingering effects of the COVID-19 pandemic to Hurricane Idalia, various issues negatively impacted small business owners who could do little but face the consequences of factors that were beyond their control. For small businesses that are struggling heading into 2024, it… Read More »

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