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Innovative Advocacy for Our Clients.

Creditors’ Rights and Bankruptcy

At Mills Paskert Divers, we have fully integrated our creditors' rights and bankruptcy practice into our litigation group. Our bankruptcy and creditors' rights attorneys understand both the complexities of the bankruptcy code and our client’s financial interests. They are often involved not only with the actual bankruptcy proceedings, but also in those steps taken on behalf of our creditor clients, prior to bankruptcy to pursue their rights. In short, our creditors' rights and bankruptcy practice attorneys are regularly engaged in the collection of outstanding obligations and the pursuit of those obligations, if necessary, into the bankruptcy courts of the United States. Our attorneys regularly speak and publish on creditors' rights and related bankruptcy topics. We represent our creditor clients in all phases of litigation and bankruptcy proceedings leading to payment of debtor obligations.

 

 

 

Recent News

Florida Supreme Court Declines to Adopt Florida Legislature’s Daubert Amendment
For many years Florida followed the Frye standard for the admissibility of expert testimony based upon new or novel scientific evidence.  See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).   In 2013, the Florida Legislature, through what has been dubbed the Daubert Amendment, replaced the Frye standard with the Daubert standard.  The Daubert standard stems from the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), which established the federal court standard for expert testimony.  Since then, federal courts have continued to apply the Daubert standard, and 36 states have adopted the Daubert standard.

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October 21, 2013
Motor Vehicle Dealer Bonds: Florida's Fourth District Court of Appeal Punts on Attorneys' Fees Issue

Florida’s Fourth District Court of Appeal recently had the opportunity to provide much needed guidance on the issue of whether a statutory motor vehicle dealer bond caps the surety’s liability for plaintiff’s attorneys’ fees at the penal sum of the bond.  Unfortunately, the court found another issue to be dispositive and declined to rule on the attorneys’ fees issue. 

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October 21, 2013
Southern District of Florida Upholds the Bond Pre-Claim Terms as Conditions Precedent to Filing a Claim Against a Surety

In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., Case No. 1:15-cv-22403-RNS (S.D. Fla. December 12, 2016), Arch Insurance Company (“Arch”) sued John Moriarty & Associates of Florida, Inc. (“Moriarty”) seeking a declaration that there was no coverage under a performance-and-payment bond (“Bond”) that Arch issued on a project naming Moriarty as the obligee.  Moriarty was the general contractor and sought $995,239.83 from Arch, under the performance side of the Bond, related to alleged shortfalls of the subcontractor/principal.

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October 21, 2013