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Florida Banking Law Blog Legal developments impacting banking, finance and loan enforcement in Florida

Tag Archives: assets

Claims Against Failed Banks Must Go Through the FDIC’s Administrative Claims Process

Posted in FDIC Related Issues

As described in a previous post, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) requires that anyone with a claim against a failed bank must file a claim with the FDIC within 90 days of being notified (either by mail or by newspaper publication) of the FDIC’s administrative claims process. Claims that must go… Continue Reading

Surcharge of Debtor’s Exempt Assets Allowed when Debtor Willfully Conceals Non-Exempt Assets

Posted in Bankruptcy, Debt and Judgment Collection

Concealing assets from the Bankruptcy Court rarely, if ever, turns out well for a debtor. In a recent First Circuit case, a debtor concealed proceeds from prepetition sale of his former marital home, claiming that all of the proceeds were paid to his former wife. Nevertheless, the debtor actually received nearly $27,000, which he used… Continue Reading