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.
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.October 21, 2013
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.October 21, 2013