Month: September 2015

Court Refuses Request to Discharge Student Loan Debt

Most Florida residents know that Jacksonville, Florida is home to Florida Coastal School of Law, a private law school, and frequent readers of this blog, know that the discharge of student loans in bankruptcy is a hot topic.  Today we’ll be talking about a recent bankruptcy decision that involves them both, Tetzlaff v. Education Credit Management Corporation.    The Debtor’s Situation The debtor, Mark Tetzlaff, filed for Chapter 7 bankruptcy in 2012 seeking among other things, disc[...]

Negative Ruling for Paragraph 22 Defense

The so-called “Paragraph 22” defense to foreclosure has been the subject of prior blogs and we have yet another update on the defense out of Florida’s 2nd District Court of Appeal (“DCA”).  As a refresher, the defense is rooted in Paragraph 22 of the standard mortgage agreement, which provides a number of requirements that lenders must comply with before filing for foreclosure.  In short, homeowners have successfully argued for dismissal of cases where lenders didn’t comply with al[...]

Bankruptcy and Workers Compensation Benefits

For individuals injured on the job in Florida, worker’s compensation provides necessary wage replacement and payment of medical expenses related to the injury.  Worker’s compensation payments are paid out weekly or if a settlement agreement is reached, in one lump sum.   The wage replacement benefits paid under Florida’s worker’s compensation laws are less than the wages employee would have received if they had not been injured and continued working.  For this, reason, injured e[...]