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Widerman Malek Law Blog

Bankruptcy Pre-Filing Debt Discharge Decision by Bankruptcy Court: Was It Bad Faith or Good?

At what point in time does acting in bad faith cause a pre-filing bankruptcy debt to be precluded from discharge? That issue was recently addressed by the U.S. Bankruptcy Court for the Southern District of Florida. In Frost Bank v. Rivera (In re Rivera), 2020 WL 4018986 (Bankr. S.D. Fla. July 16, 2020), Judge Grossman […]

Join Us for the Upcoming Webinar “Navigating Bankruptcy for Businesses”

Please join us on Thursday, September 24, 2020, for the webinar “Navigating Bankruptcy for Businesses: What Are Your Options?” co-presented by Widerman Malek and Withum. This is the second webinar in the series. There is no cost to attend this event. Event Details Navigating Bankruptcy for Businesses: What Are Your Options? Thursday, September 24, 2020 […]

Real Estate Investors & Bankruptcy: SARE and Economic Crisis Impacts

Economy and Real Estate Market The Federal Pandemic Unemployment Compensation program expired at the end of July, which likely will cause economic impacts on housing and the real estate market. Recent statistics may be an indicator of the direct effect that federal unemployment compensation has had on the economy. The National Multifamily Housing Council reported […]

Atlas Van Lines Fights for Its Brand and Prevails in Trademark Infringement Case

Atlas Van Lines, an international transportation and logistics company, has been operating as “Atlas” since 1948. The company includes hundreds of agents across the United States and is a well-established brand throughout the country. In 2017, Atlas Van Lines discovered their registered trademarks, including “Atlas” and “Atlas Logistics,” were being used to advertise the services […]

Join Us for the Webinar “Pathways to Keeping Your Business Alive”

Please join us on July 30, 2020, for the webinar “Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive,” co-presented by Widerman Malek and Withum. There is no cost to attend this event. Event Details Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive July 30, 2020 | 1:00 PM EDT Join us […]

IRS Provides Tax Relief for Qualified Opportunity Zone Investors

More Time to Reinvest Capital Gains for Deferral or Exclusion In December 2017, Congress enacted the Tax Cuts and Jobs Act (the “Act”). The Act added Qualified Opportunity Zones (26 USC § 1400Z-1, et. seq.). Congress enacted QOZs to foster investment in an economically distressed area to spur further investment in those areas and job […]

President Trump Expands Ban on Employment Visas and Extends Previous Executive Order

On Monday, the Trump administration announced it is suspending some categories of employment visas for foreign workers. The ban is effective June 24, 2020, and it remains in effect through December 31, 2020. The president’s executive order suspends the entry of foreign nationals and their family members currently without issued U.S. employment visas who are […]

Mills Joins Widerman Malek

Melbourne, FL (June 11, 2020) – Attorney Darren J. Mills has joined the law firm Widerman Malek. Mills focuses his practice on representing clients in all matters related to elder law, special needs, taxes, estate planning and asset protection, and small business bankruptcy. Mills is a licensed attorney in Florida, New Jersey, Arizona (voluntary inactive) […]

Four Widerman Malek Attorneys Named 2020 Florida Super Lawyers and Rising Stars

We are pleased to announce four attorneys have been selected to the list of 2020 Florida Super Lawyers and Rising Stars. Each year, no more than five percent of lawyers in the state are selected to appear on the list of Florida Super Lawyers, and no more than 2.5 percent are selected to appear on […]

Circuit Court Decision on 401(k) Contributions in Chapter 13 Bankruptcy Solidifies Florida District Court Ruling

On June 1, 2020, in a 2-1 decision, the United States Court of Appeals for the Sixth Circuit (6th Circuit) ruled that the voluntary contributions to an employer’s qualified retirement plan (e.g., a 401(k)) by a person in Chapter 13 bankruptcy are excluded from “disposable income” for purposes of determining how much of her post-filing […]

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