Fla. Stat. 825 has been around for a few years now, but few practitioners realize how useful it can be in guardianships. This CLE will provide a guide on how to properly file and implement Fla. St. 825 into your proverbial toolbox. The presentation will cover the different forms of abuse, neglect, and exploitation, and how Stat. 825 can be a valuable tool to prevent it. As well as the procedure, burden of proof, and remedies available to the petitioner.
Before filing bankruptcy, debtors have usually been subjected to collection efforts by creditors. It is a reality that during the course of collections many debtors have been the victim of statutory violations of both Florida and federal law. It is also common for collection efforts to continue after the debt files for bankruptcy. Some of the issues common to debtors can be filed as class actions. By knowing how to identify these potential violations, bankruptcy attorneys can provide additional services to their clients that result in debt forgiveness and money in their client’s pocket. Most of the applicable statutes also require the offending party to pay the debtor’s legal fees. This presentation will focus on the most common factual basis for claims and what bankruptcy counsel can do to maximize client satisfaction as well as their own profits.