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What Does the FTC’s New Noncompete Rule Mean for Florida Businesses?

By Edelboim Lieberman |

On April 23, 2024, the U.S. Federal Trade Commission (FTC) announced the issuance of a new final rule “banning noncompetes nationwide.” According to the FTC, its new rule “will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation.” The FTC’s announcement raises several important questions for… Read More »

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10 Key Provisions in Chapter 11 of the U.S. Bankruptcy Code

By Edelboim Lieberman |

For many businesses in financial distress, reorganizing their debts through a Chapter 11 bankruptcy is the best path forward. Reorganizing allows businesses to get back on solid financial footing without liquidating their assets—and, with only rare exceptions, business owners can continue to run their companies without interference from a bankruptcy trustee.  With that said,… Read More »

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Reorganization Plans Under Chapter 11: What Business Owners in Florida Need to Know

By Edelboim Lieberman |

When going through a business bankruptcy Under Chapter 11, a key step in the process is securing confirmation of the business’s reorganization plan. While businesses can often eliminate some of their debts through the Chapter 11 bankruptcy process, the primary focus is on developing a reorganization plan that allows the business to pay its… Read More »

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Pros and Cons of Chapter 11 Bankruptcy for Companies in Financial Distress

By Edelboim Lieberman |

Like most business decisions, choosing to file for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code can have both pros and cons. While hiring a Miami Chapter 11 bankruptcy lawyer can make sense in a wide range of circumstances, it isn’t necessarily the best choice for all companies that are in financial distress…. Read More »

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Filing a Claim for Fraud: What Business Owners in Florida Need to Know

By Edelboim Lieberman |

If a vendor, supplier, contractor, strategic partner or other commercial entity has defrauded your business, it will be important for you to make informed decisions about your next steps. While businesses can pursue claims for various forms of fraud, establishing a fraud claim requires a methodical and strategic approach, and time can be of… Read More »

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Filing for Chapter 11 Bankruptcy Again: When Does It Make Sense to Pursue a “Chapter 22?”

By Edelboim Lieberman |

Filing for bankruptcy under Chapter 11 affords the opportunity for struggling companies to restore their financial stability, rebuild their credit and start looking toward the future. But, there are no guarantees and even companies that emerge from Chapter 11 with what initially looks like a manageable payment plan will often find themselves struggling to… Read More »

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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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